ICW Group Terms & Conditions of Use for myResource
Definitions
"We", "us", "our", or "ICW Group" means ICW Group Insurance Companies which consist of the following member companies,
Insurance Company of the West, Explorer Insurance Company or Independence Casualty and Surety Company.
"You" or "your" means an individual entitled to online access to a Company's Worker Compensation insurance records.
"Company" means a business entity that is insured for Workers Compensation by an ICW Group member company.
User Representations
By using this system and by accepting these Terms and Conditions you represent and warrant you are an authorized use of a
Company entitled to online access, you are using your actual identity and you are legally authorized to view the information
provided on this site. You have been authorized to use this system for approved business purposes only and will not access
this system for any other purpose. Use for any other purpose is strictly prohibited and will result in termination of on-line
access.
Use of the Service
Subject to the terms and conditions of this Agreement, you may use the Service to access your Company's workers compensation
loss run records. We may from time to time add or remove functions of this service; the website will be updated accordingly.
Usernames and Passwords
ICW Group may require the use of available technologies or other precautions provided for your protection and/or require
you to use user identification information (usernames or unique email addresses) and passwords. If you have been assigned a
username for access to restricted sections of this site, you are responsible for all activities executed under your username
and are the only one who may use it. You are responsible for protecting your username and password from disclosure to third
parties and you are not permitted to avoid the use of required encryption technologies. It is a violation of these terms and
conditions for you to allow another person to use your username and its associated password, use the username and password
assigned to another person, or attempt to gain access to resources for which you are not authorized.
Collection of information by Third-Party Sites
Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult
the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
Additional Policies
All other legal and privacy policies stated on this site apply. You are encouraged to review our Legal Notice and Privacy Policy,
available by links in the bottom footer of this site.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, will ICW Group be liable to you or any other user or third party
for any direct, special, incidental or consequential damages or expenses, including attorney's fees that result from your use of,
or your inability to use, the materials on this site even if we or our authorized representative has been advised of the possibility
of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Disclaimer
We make no representations or warranties with respect to this site or its contents, which we provide for your use "as is" and
"as available." ICW Group disclaims all warranties, express or implied, including without limitation the implied warranties of
merchantability and fitness for a particular purpose, with respect to this site and any site with which it is linked. We do not
warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the
Service available is free of viruses or other harmful components.
You understand that some states do not allow limitations on how long an implied warranty lasts, so that the above limitations
may not apply to you, and that you may also have other rights, which vary from state to state.
Termination of Online Access
We may terminate your right to online access to these records if you violate any terms of this Agreement.
Your online access will immediately terminate at the end of your Company's policy period unless the policy is renewed with us.
Changes and Notices
ICW Group reserves the right to change these terms and conditions. If we change these Terms and Conditions you may be required to
acknowledge your acceptance of the revised Terms and Conditions upon sign in. We will notify you of changes by placing a notice
on the site. You are responsible for regularly reviewing these terms and conditions. Your continued use of this site constitutes
your agreement to all such terms.
General Provisions
These Terms and Conditions will be read and interpreted according to the laws of the State of California, without regard to
conflict-of-law rules. California state courts and U.S. federal courts located in San Diego, California, will be the only courts
where legal actions regarding these Terms and Conditions can be brought.
Other than your company account information, all content included or available on the Service, such as advertisements, text
graphics, logos, button icons, images, audio clips, and software, is the property of ICW Group, and/or third parties and is
protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection,
arrangement, and assembly) of all content on the Service is the exclusive property of ICW Group and/or its licensors and is
protected by copyright or other intellectual property rights.
The trademarks, logos, and service marks displayed on the Service (collectively the "Trademarks") are the registered and
unregistered trademarks of ICW Group, or third parties. Under no circumstances may you use copy, alter, modify, or change
these Trademarks. Nothing contained on the Service should be construed as granting by implication or otherwise any license
or right to use any Trademark without the express written permission of ICW Group, or the third party which has rights to
such Trademarks, as appropriate.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or
similar breaches.
Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.