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Acceptance of Terms

Our websites and other software applications made available through computers and mobile devices (the “Sites”) are owned and maintained by Sedgwick . (Sedgwick or the Company). . The Sites provide users with access to an online collection of information and materials and certain online services (“Services”). These materials may include information on the Company’s services; links to password protected utilities for clients and other defined audiences; information resources provided as a convenience for clients, claimants, other service providers, and other claims and risk services professionals including but not limited to Company-produced materials and links to non-Sedgwick-controlled sites; information on employment opportunities including access to an on-line job application utility provided a third-party human resource management organization; Company news and publications; and other downloadable information and features offered by the Sedgwick. The Sites also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Services, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through the Sites (“Software”). The Sites are intended for use only by users who are at least 18 years of age and who reside in the United States.

PLEASE NOTE: Your access to and use of the Sites are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use you are not authorized to access or otherwise use the Sites or any information, content, Services or Software contained on the Sites. Your access to and use of the Sites constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by Sedgwick from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Sites after such changes are posted. Unless otherwise indicated, any new Services, Content and Software added to the Sites will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Sites and these Terms of Use periodically for updates and changes.

Limited License and Site Access

Sedgwick hereby grants you a limited license to access and make personal use of the Sites but not to download (other than page caching) or modify the Sites, or any portion of the Sites, except with express written consent of Sedgwick. This license does not include any resale or commercial use of the Sites or their Contents or Software; any collection and use of any listings, descriptions, or prices; any derivative use of the Sites or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Sedgwick. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sedgwick or its affiliates without their express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Sedgwick name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by Sedgwick.

The Sites may provide certain summary descriptions or other helpful information regarding Services. Sedgwick attempts to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual policy or service agreement to which they refer.

Copyright

Except as otherwise expressly stated, all Content and Software appearing on the Sites are the copyrighted work of Sedgwick, their affiliates or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of Sedgwick, their affiliates and is protected by U.S. and international copyright laws.

You may download information from the Sites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Sites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Sedgwick or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Sedgwick. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither Sedgwick nor its affiliates warrant or represent that your use of Content, Services, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Trademarks and Service Marks

Certain trademarks, including “Sedgwick”, service marks of Sedgwick or one of its subsidiaries. The domain name for the Sites, logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Sedgwick or their affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Sites are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Sites without the prior written authorization of Sedgwick.

Ownership of information submitted via this Web Site

accordance with our Privacy Statement), any information you transmit to Sedgwick via the Sites, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Sedgwick. Such information may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Sedgwick shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Sedgwick via the Sites or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Proprietary Software

Any Software accessible through the Sites is the property of Sedgwick or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through the Sites is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by Sedgwick through the Sites for your use in accessing the Services and Content.

The Software provided on the Sites is owned by or licensed to Sedgwick, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such Software in violation of such applicable export laws and regulations. Sedgwick does not authorize the downloading or exportation of any software or technical data from the Sites to any jurisdiction prohibited by such export controls laws and regulations.

Connection Requirements

You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Sites, and Sedgwick reserves the right to change the access configuration of the Sites at any time without prior notice.

Prohibited Use

Any use or attempted use of the Sites (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Sites, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Sedgwick to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Sedgwick, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Sites, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Sedgwick representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use the Sites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Manipulate or otherwise display the Sites by using framing, mirroring or similar navigational technology or directly link to any portion of the Sites other than the main homepage in accordance with the Limited License and Access to the Sites outlined above;
  12. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product or Service if you are not expressly authorized by such party to do so; or
  13. Harvest or otherwise collect information about others, including e-mail addresses.

Sedgwick reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access and/or account. Sedgwick may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, Sedgwick reserves the right at all times to disclose any information as Sedgwick deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sedgwick’s sole discretion.

Right to Monitor

Sedgwick neither actively monitors general use of the Sites under normal circumstances nor exercises editorial control over the content of any third party’s web site, electronic mail transmission, news group, or other material created or accessible over or through the Sites. However, Sedgwick does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Sedgwick’s sole discretion, may be illegal, may subject Sedgwick to liability, may violate these Terms of Use, or are, in the sole discretion of Sedgwick, inconsistent with Sedgwick purpose for the Sites.

No Owner Editorial Control of Third Party Content; No Statement as to Accuracy

To the extent that any of the Content included in the Sites is provided by third party content providers, Sedgwick has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on the Sites are those of such third party suppliers. Sedgwick does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Sedgwick.

No Owner Editorial Control of Third Party Content; No Statement as to Accuracy

To the extent that any of the Content included in the Sites is provided by third party content providers, Sedgwick has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on the Sites are those of such third party suppliers. Sedgwick does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Sedgwick.

Hyperlinks to Third Party Web sites

The Sites may contain hyperlinks to other sites owned and operated by parties other than Sedgwick. Such hyperlinks are provided only for ready reference and ease of use. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event the Sites provide hyperlinks to other web sites that are not owned, operated or maintained by Sedgwick or its affiliates, you acknowledge and agree that Sedgwick is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. Sedgwick is under no obligation to maintain any link on the Sites and may remove a link at any time in its sole discretion for any reason whatsoever. Neither Sedgwick nor its affiliates shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. Sedgwick is not responsible for the privacy practices of any other web sites.

Privacy Policy Governing the Sites

Our Sites are governed by a Privacy Policy, which describes the details of Sedgwick information practices and procedures for personal information we collect at the sections of the Sites to which the policy applies. We urge you to read the Privacy Policy before using the Sites.

Modification to Services

Sedgwick may, at its discretion, modify or discontinue any of the Services, Content or Software, or any portion thereof, with or without notice. Neither Sedgwick nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Services, Content or Software.

Disclaimer

Information contained on the Sites has been prepared by Sedgwick as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Sedgwick has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the Sites. Users relying on information from the Sites do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant services agreement for complete terms, exclusions and conditions. Should you purchase a Sedgwick service from Sedgwick or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of the Sites does not affect that purchase in any manner.

The Sites may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND SEDGWICK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEDGWICK MAKES NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT SEDGWICK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SEDGWICK HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE SITES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITES, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SEDGWICK AND ITS AFFILIATES OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notices – Any notices to you from Sedgwick regarding the Sites or these Terms of Use will be posted on the Sites or made by e-mail or regular mail.

Electronic Communications

When you visit the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

General Provisions

Entire Agreement – These Terms of Use, the Privacy Statement, and other policies Sedgwick may post on the Sites constitute the entire agreement between Sedgwick and you in connection with your use of the Sites and the Content, Services and Software, and supersedes any prior agreements between Sedgwick and you regarding use of the Sites, including prior versions of these Terms of Use. Sedgwick may update these Terms of Use from time to time by posting revised Terms of Use on the Sites, without notice to you, and your subsequent use of the Sites indicates your acceptance of and is governed by those new Terms of Use. These Terms of Use are effective until terminated or updated by Sedgwick, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. These Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in the Sites; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.

Age and Location of User – All information and content available on the Sites are solely directed to individuals 18 years of age or older residing in the United States. Sedgwick makes no representation that the Content, information, products, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.

The Sites Contain A Binding Arbitration Provision Which May Be Enforced By The Parties Dispute Resolution

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use, our Privacy Statement, or use of the Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate Sedgwick’s intellectual property rights, Sedgwick may seek injunctive or other appropriate relief in any state or federal court in Tennessee, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Memphis, Tennessee, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in that city, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Sedgwick may seek any interim or preliminary relief from a State or federal court of competent jurisdiction in that city, as may be necessary to protect the rights or property of you or Sedgwick pending the completion of arbitration. You agree that any action to enforce this arbitration provision will be brought in the federal or state courts located in that city.

Governing Law; Jurisdiction; Venue; Severability of Provisions

The Terms of Use are governed by the laws of Tennessee, USA and controlling United States Federal Law without regard to any conflicts of law provisions. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Password Accounts, Passwords, and Security

If you have been given the option to open an account on the Sites which will provide you with access to password protected portions of the Sites and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Sedgwick of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Sedgwick will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sedgwick or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Tollfree SMS Services Terms of Use

Sedgwick and its clients provide various SMS text messaging services using Tollfree number(s) to send and receive SMS text messages for SMS notifications and conversational messages.  Message frequency will vary depending on the program in which the message recipient is enrolled.  In some programs, Sedgwick will send SMS text messages on its own behalf to message recipients.  In other programs, Sedgwick may act as a service provider on behalf of its clients that have relationships with message recipients.

How to Opt-in: Individuals may opt-in to receive SMS messages from Sedgwick by making a request during a phone call to the Sedgwick contact center or by sending a message to a Tollfree number.

Individuals will typically opt-in to receive SMS messages from Sedgwick on behalf of a Sedgwick client by making a request directly with the Sedgwick client or Sedgwick, or by sending a message to a Tollfree number.   

How to Opt-out: To opt-out of our SMS service, text STOP to the Tollfree number from which you have received an SMS message. You will be unsubscribed immediately from receiving messages from that specific number going forward unless you opt-in to that number again. You will only be unsubscribed from the specific program and number for which you texted STOP and will remain opted in to any other program or number for Sedgwick or its clients; to opt out of all messages from Sedgwick or that Sedgwick may send on behalf of its clients, please call the number you received the message from.   You will receive an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you opt-in to the service with a subsequent request.

How to get help or support: To get help call the Tollfree number you received messages from.  You can also receive more information by texting HELP to the Tollfree number from which you have received an SMS message.  

Fees: Our service never charges consumers to send or receive text messages. However, Message and Data rates may apply, depending on the terms of your individual cell service plan.

DISALLOWED CONTENT: It is Sedgwick’s policy and practice to comply with individual wireless Carrier requirements. Only content allowed by the verified toll free SMS service use case(s) that have been approved by the carriers will be transmitted.