By using this website and all other websites or applications owned and maintained by West Bend Mutual Insurance Company (hereinafter, “West Bend”), you agree to the following terms and conditions (the “Terms”), so please read them carefully. This website and all other websites and mobile applications owned and maintained by West Bend are collectively referred to herein as “Website”. These Terms may be revised at any time by our updating this notice and posting it on the Website. You are bound by any such revisions if you continue to use the Website after we have posted the changes. We suggest you periodically visit this page to review the most recent Terms.
These Terms do not replace other applicable agreements that may relate to specific business relationships you have with West Bend, including terms and conditions in your policy or agreement related to insurance products or services with West Bend. In the event of a conflict between these Terms and your separate agreement with West Bend, if applicable, the separate agreement shall govern.
- Conditions of Use
You are granted a limited, non-exclusive, revocable right to access and use this Website solely for your personal or non-commercial use and no one else. Except for the limited right expressly granted to you in these Terms, West Bend and its licensors expressly reserve all other rights and licenses to the Website and its content. By using this Website, you represent and warrant that: (1) you are 18 years or older; (2) you are using your actual identity and any information you provide is accurate and complete; (3) your use of the Website will not violate any local, state, national or international laws or regulations; and (4) you are following any directions from West Bend on the Website. Unless expressly permitted by these Terms, you shall not:
- Modify, reproduce, or resell any part of the Website;
- Use any robot, spider, data miner, or other automated or semi-automated means to extract or gather data from the Website;
- Penetrate or attempt to penetrate the security measures protecting the Website, including without limitation by hacking, password “mining,” or any other illegitimate means;
- Obtain or attempt to obtain any materials, content, or information on the Website through any means not purposely made available through the Website;
- Intentionally disrupt the operation or functionality of the Website; or
- Permit anyone other than you to access the Website using your username.
You further agree that you will not use the Website to:
- Post, disseminate, submit, transmit, host, share, and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Transmit viruses, “Trojan horses,” chain letters, junk mail, “spam,” or bulk communications of any kind; or
- Post, disseminate, submit, transmit, host, share, and/or publish material that is protected by copyright, trade secret, patent, trademark, and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent, and release with respect to such material as provided in the Terms.
- Restrictions on Use of Materials
The Website is owned and operated by West Bend. Except as otherwise expressly permitted in writing by West Bend, no materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may download material displayed on the Website for your personal use only and provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, link or use the content of the Website for public or commercial purposes, including the text, images, audio, and video, without West Bend's written permission.
- Trademarks & Copyright
All trademarks, services marks, trade names, logos, icons and domain names located on the Website are the property of West Bend and its third-party licensors. All rights are reserved by West Bend and said third parties, and no implied rights are granted to you or any third parties. Your use of the trademarks, service marks, trade names, logos, icons and domain names displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
- Intellectual Property
Except your personal information, all text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, and animations on or comprising the Website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression, and “look and feel” of the Website, and the software comprising and/or embodying the foregoing (collectively, the “West Bend Content”), are owned, controlled, or licensed by or to West Bend, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark, and/or patent laws. Your use of the Website gives you no ownership rights in the West Bend Content.
You grant West Bend a perpetual, royalty-free, irrevocable, sub-licenseable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques that you submit about this Website or West Bend Content for any purpose (including, without limitation, commercialization) and without compensation to you.
- No Solicitation
Unless otherwise expressly stated, the information appearing on the Website is provided to you for informational purposes only and does not constitute an offer to sell or buy any product or service referenced or described on the Website.
- Links to Other Websites
The Website is hyperlinked to other websites which are not maintained or controlled by West Bend. West Bend is not responsible for the content of those websites. The inclusion of any hyperlinks to such websites does not imply approval of or endorsement by West Bend of those websites, their content or their products and services. If you have difficulty linking to any hyperlinked websites or to report a dead (non-working) link, please contact us at 1-877-937-8236 during our regular business hours of 8:00 am to 4:30 pm CST Monday through Friday.
- Mobile Devices
Message and data charges may apply when using a portion of the Website that sends or receives messages on your personal device. Please check with your carrier regarding applicable charges. West Bend reserves the right to end or disable your access from a mobile device if it is commercially necessary or reasonable for us to do so.
West Bend uses reasonable effort to assure the accuracy of the information provided on the Website. However, the information and descriptions contained on the Website are not intended to be complete descriptions of all terms, exclusions and conditions applicable to every insurance product or service offered by West Bend. Such information is provided 'as is' and for general informational purposes.
West Bend makes no representations or warranties the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. West Bend does not warrant the Website will operate error free or is free from viruses, worms, Trojan horses or other destructive or harmful code. West Bend also assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure. WEST BEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
WEST BEND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE WEBSITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF (OR INABILITY TO USE) THE WEBSITE; (2) USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM ITS WEBSITE; (3) FAILURE OF PERFORMANCE; (4) ERROR; (5) OMISSION; (6) INTERRUPTION; (7) DEFECT; (8) DELAY IN OPERATION OR TRANSMISSION; (9) COMPUTER VIRUS; OR (10) LINE FAILURE. WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHICH ARE DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY. FURTHERMORE, EXCEPT AS PROVIDED BELOW, WE ARE NOT LIABLE, EVEN IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES-OR BOTH.
HOWEVER, IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW US TO LIMIT TO EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR OTHER LEGAL THEORY, WILL NOT BE GREATER THAN ONE HUNDRED DOLLARS.
You agree to defend, indemnify, and hold harmless West Bend, its affiliates, and service providers from any and all claims, liabilities, damages, losses or expenses (including, but not limited to reasonable attorneys’ fees and costs) arising from or related to your use of the Website, your use of any material, information, or data that is downloaded or otherwise obtained from the Website, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of West Bend or any other person or entity.
- Termination and Suspension
You agree that West Bend may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Website, including any account hereon, without notice, for any reason in West Bend’s sole discretion, including, without limitation, violation of these or West Bend’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, West Bend, another user, or any third party.
- Governing Law
West Bend makes no representation that all insurance products and services on the Website are appropriate or available for use in your state. Some insurance products and services may not be available in all states or jurisdictions. If you choose to access the Website you do so on your own initiative and are responsible for compliance with any local, state and federal laws. The information contained on the Website is not an offer to sell or a solicitation to buy, any insurance product or service. No insurance product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the insurance or other laws of such jurisdiction. The Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of laws. Venue and jurisdiction shall be proper exclusively in the federal and state courts of Wisconsin with respect to any dispute arising under these Terms. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of Wisconsin, over any suit, action or proceeding arising out of or relating to the Terms and waive any right to challenge the same. Any cause of action or claim with respect to this Website must be commenced within two (2) years after the action or claim arises or is discovered.
- Export Restrictions
You acknowledge any software available or provided to you on the Website may contain technology subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. West Bend does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States export controls laws and regulations.
- Severability of Provisions
If any provision of the Terms is deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
- Entire Agreement.