Effective Date: August 18, 2023
NOTICE: This Agreement contains a mandatory ARBITRATION AGREEMENT for claims that you or Kemper could assert arising from your use of the Sites. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
Kemper reserves the right to change these Terms and the Additional Terms at any time without notice in our sole discretion. We will indicate changes to these Terms by updating the “Effective Date” above. Your use of the Sites following a change to these Terms signals your acceptance of the modification(s).
Please read the Terms below carefully before you start to use the Kemper website.
We do not authorize people under sixteen (16) years of age to use our Sites. Our Sites are not marketed to or directed to children under the age of sixteen (16). We thus do not knowingly collect personal information directly from children under the age of sixteen (16) through our Sites. If you are a parent of a child under sixteen (16), and you believe that your child has directly provided us with information about him or herself through our Sites or online services or that we have otherwise received information directly from a minor through our Sites or online services, please contact us at firstname.lastname@example.org.
In the event that we become aware that we have collected personal information directly from a person under 16 years of age through our website or online services, we will delete such information from our database.
The Sites and all of their content and information (“Content”) are not a complete description of all terms, conditions, and exclusions applicable to the products and services described. Please visit the Sites of the principal businesses of the Kemper family to find more information about the various products and services offered by each of them. All products and services are subject to the qualification requirements that the business segment has established and may be changed at any time without notice. Products and services referenced in this Sites may not be available in all jurisdictions, or in all underwriting companies, or by all our principal businesses. The Kemper businesses only offer insurance in the United States.
Nothing in the Sites should be construed to represent what sort of coverage, if any, may apply to any type of claim or loss or what coverage is included within any type of policy. Policy provisions can vary by state, program, and company. In addition, state law may impact the application or meaning of a policy. Descriptions of insurance on the Sites are intended to be very general in nature and actual policy terms may differ significantly from the coverage described herein.
Kemper is a holding company. It owns various businesses which write insurance and provide certain services to customers. Kemper itself does not write insurance, adjust or pay claims, or provide other insurance services. All of our businesses are managed separately, and each sets its own rates, product offerings and markets. Each of our businesses also has its own Sites that it individually manages. Those Sites are subject to their own terms and conditions (“Additional Terms”). In many instances, the products or services involve sophisticated financial instruments or investments that are regulated by governmental authorities. You agree to review all Additional Terms relating to the products and services. In the event of any conflict between the terms and conditions on this site and such Additional Terms, the Additional Terms govern and control. Further, if you have a policy or account with or administered by Kemper, your customer relationship is also governed by other agreements, such as your policy or account agreement, as applicable. In the event of any conflict between the Terms and such policy or account agreements, your policy and account agreements govern and control.
Links to other, non-Kemper affiliated websites may be accessed through our Sites for your convenience. Such external internet addresses contain information created, published, maintained, or otherwise posted by organizations and entities independent of Kemper. Kemper is not responsible for the content of those websites, nor does it approve, endorse, or certify information available at these websites or any linked addresses contained herein. Kemper makes no warranties and hereby disclaims all liability as to the accuracy of the content and to any representations made concerning the quality of products or services provided on those websites or pages. Kemper is also not responsible for the privacy policies or practices of those websites or of those companies.
The Sites, their Content, including all copyrights, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”) are owned and controlled by Kemper, its subsidiaries, or its licensors and are protected by copyright or other applicable intellectual property laws. You may print a copy of the Content for your personal non-commercial use only. You may not, however, copy, use, reproduce, or distribute the Content or the Intellectual Property (including the Kemper name) or make copies of all or substantially all of our Sites or link to it, absent specific, prior written permission from Kemper. You also may not delete or alter copies of the original to exclude copyright or other notices. Finally, you may not use our logo or service mark in advertising or publicity without specific, prior written permission from Kemper.
The Content was believed to be accurate at the time it was published. While Kemper periodically updates the Content, it is subject to change without notice, and Kemper makes no guarantee as to the timeliness or accuracy of any Content presented on these Sites at the time accessed. Kemper is not responsible, and hereby disclaims liability, for any errors, omissions or availability of the Content. The Sites and Content are provided on an “as is,” and “as available” basis without representation or warranty of any kind whatsoever. We reserve the right to add, remove and change information at any time without notice in our sole discretion.
DO NOT RELY ON THESE SITES FOR YOUR FINANCIAL DECISIONS
The Content on these Sites is for convenience and information purposes only. You should consult your financial and legal advisors, and independently verify all Content provided through these Sites before you make decisions. Nothing on these Sites constitutes an offer to sell or buy any product. Account information available on these sites is not the official record of your account. Nothing on these Sites should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on these Sites is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Your use of these Sites and Content is at your own risk. Content may become inaccurate as a result of developments after its publication on these Sites. Kemper assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Content on these Sites and the operation of them are provided "as is", and Kemper disclaims all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Certain jurisdictions may not permit certain disclaimers of warranties. In such a case, we disclaim warranties to the fullest extent permitted by the applicable law.
WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES CAUSED BY, ARISING OUT OF, AND/OR IN ANY WAY CONNECTED WITH FUNCTIONALITY OR OPERATION OF, ACCESS TO, USE OF, OR RELIANCE ON THE SITES OR THE CONTENT (EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARE CAUSED BY AND/OR ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITES OR THE CONTENT.
This limitation of liability may be different in connection with specific products and services offered by us. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to defend and indemnify us, our affiliates, employees and officers of each, from and against any and all third party claims, debts, losses, liabilities, demands, obligations, actions and causes of action, alleged claims or litigation, damages, judgments, judgments for damages, fines, penalties, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of, or resulting from your use of the Sites or the Content in a manner not expressly authorized by these Terms or that violates these Terms, any law, or the rights of a third party.
Except for any Additional Terms that apply, this is the entire understanding between you and us regarding the use of the Sites and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter. If any provision of these Terms is held to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision hereof.
You agree not to use this website or the Content to:
- Violate any laws or regulations;
- Attempt or acquire unapproved access to our systems, network, servers or data;
- Directly or indirectly, provide information that is intimidating, abusive, harassing, offensive, hateful, or racially, ethnically or otherwise unacceptable;
- Supply or release viruses or any other systems code, program, file or any other content intended to disturb, terminate, or constrain the performance of our website;
- Place information that contains solicitations or advertisements of any kind
- With respect to the Sites, their Content, and databases comprised in the Sites, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
- Monitor Content on the Sites or by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Sites, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent;
- Reproduce any portion of the Sites on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Sites, or any other framing technique to enclose any portion or aspect of the Sites, or mirror or replicate any portion of the Sites.
We reserve the right to amend or reduce the functionality of the Sites or any Content on the Sites and/or suspend or terminate your access at any time for any reason, at our sole discretion and without prior notice.
We provide our Sites subject to United States law. By using our Sites or providing us with any information through the Sites, you acknowledge that our Sites are subject to United States law and that other countries and jurisdictions may not provide the same rights or protections as those in the United States or in the country where you reside or are a citizen.
The services and products described and information provided through these Sites are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Kemper to any registration requirement within such jurisdiction or country. Persons who access these Sites do so on their own initiative and are responsible for compliance with applicable local laws and regulations. Software and other materials from these Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. Kemper prohibits your downloading or exporting of software or other material from these Site in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from the Sites, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.
Kemper reserves the right in its sole discretion to terminate or restrict your use of all or any part of the Sites, without notice, for any or no reason, and without liability to you or anyone else. The Terms relating to Ownership and Use of Content, Indemnification, Limitation of Liability, Warranty Disclaimer, Limitation of Liability, and Governing law shall survive any termination.
Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
Sharing Accounts. Sharing accounts, or providing access to accounts, with persons who are not identified during Registration is strictly prohibited.
You agree to first give us an opportunity to resolve any claims by contacting us in writing (the “Claims Notice”). If we are not able to resolve your claims within 60 days of receiving the Claims Notice, you may seek relief through arbitration, as set forth above.
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED CLAIM.
YouTube. Certain Services may incorporate or provide you with access to YouTube content. By using such Services, you agree that you will comply with YouTube’s Terms of Service available.
Apple App Store. By accessing the Services through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
· These Terms are between Kemper and you; Apple is not a party to these Terms.
· The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install our Apps on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
· Apple is not responsible for our Apps or the content therein and has no obligation whatsoever to furnish any maintenance or support services with respect to any of our Apps.
· In the event of any failure of an App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
· Apple is not responsible for addressing any claims by you or a third party relating to the App, our Services or your possession or use of the App and Services, including without limitation (a) product liability claims; (b) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
· In the event of any third party claim that an App or your possession and use of the App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
· You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
· Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
· Kemper expressly authorizes use of the Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.
Windows Phone Store. By downloading on of our Apps from the Windows Phone Store, you specifically acknowledge and agree that:
- You may install and use one copy of the App on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
- You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the App.