Legal Stuff, aka Terms of Use
General
These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement between You and Kuzneski Insurance Group (“We” or “Company”). These Terms of Use apply to https://kuzneski.com or any website that links to these Terms of Use, or any pages, facilities, services, or capabilities accessible on or by any domain owned by Company, (collectively, the “Website”); our online services, such as BerniePortal and ThinkHR; and our mobile applications (Website, online services, and mobile applications are referred to collectively as our “Services”). Our Services are provided pursuant to these Terms of Use. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, please do not use our Services.
By accessing or using our Services, you represent and warrant that you are of legal age to form a binding contract with Company. Your right to use our Services is not transferable. You may not sublicense, assign, or transfer your obligations under these Terms of Use, except with Company’s consent.
YOU MAY NOT USE OUR SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. YOUR ACCESS TO OUR SERVICES MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS OF USE.
Company’s Intellectual Property Rights
The terms Kuzneski Insurance Group and all related names, logos, product and service names, designs and slogans are trademarks of Company, its affiliates, or its licensors. Company, the Company logo, and other names of Company and Company products referenced in its Services are registered trademarks or other trademarks, service marks, or trade names of Company. No license to use any of these trademarks is given. Company's trademarks may be used only with prior written permission from Company, which may be granted, withheld, or conditioned in Company’s sole discretion. All other trademarks or trade names referenced in the Services are the property of their respective owners.
Company hereby grants you non-exclusive, non-transferable, limited permission to access and display the Services, solely for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed on the Services, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Services. Except for the limited permission granted above with respect to your use of the Services, Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from the Services on another website or in any other media.
Notwithstanding the foregoing, any materials that are made available for downloading, access, or other use from the Services with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited. You assume all risks regarding the determination of whether any content is the subject of copyright, is in the public domain, or is otherwise subject to limitations by contract or law. Any rights not expressly granted herein are reserved.
Material You Submit
Company does not solicit confidential or proprietary information from you through our Services. Please note that any information or material sent to Company will be deemed NOT confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable, royalty-free, perpetual license to sublicense, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use the material or information anywhere in the world in any media. You also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
You acknowledge that you are responsible for any material you may submit via the Services, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Services any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability, or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content through the Services.
Accounts and Passwords
In order to access certain features of the Services, you must provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Services.
Where we have provided you with a username and password (“User Credentials”), you may not share, transfer, lease, assign, or sublicense those User Credentials without Company’s prior written consent. You are entirely responsible for any and all activities that occur within your account, and it is entirely your responsibility to maintain the confidentiality of your User Credentials. You agree to notify Company immediately of any unauthorized use of your account and to notify Company of the need to terminate the account of any formerly authorized user of your account, such as former employees. You further agree not to email, post, or otherwise disseminate any User Credentials, or other information that provides you access to the Services. Company is not liable for any loss that you may incur as a result of someone else using your User Credentials, either with or without your knowledge.
Company reserves the right to disable any User Credentials at any time in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.
Global Availability
Information Company publishes on the Services may contain references or cross references to Company products, programs, and services that are not announced or available in your country. Such references do not imply that Company intends to announce or make available such products, programs, or services in your country. Please consult your local Company business contact for information regarding the products, programs, and services that may be available to you.
Company makes no representation that materials and information in the Services are appropriate or available for use in all locations, and access to the Services from territories where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials or information posted on the Services in violation of U.S. export laws and regulations.
Acceptable Use
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, or any part thereof, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your browser for display enhancement purposes.
- You may print or download one copy of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide mobile applications for download, you may download a single copy to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications.
You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- With any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- To resell, display, distribute, sublicense access to (whether or not any of such act are for commercial gain or advantage), or take any commercial actions with any content on the Services.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services.
- To otherwise attempt to interfere with the proper working of the Services.
Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Non-Company Links
The Services may provide links or references to non-Company websites and resources. Company makes no representations, warranties, or other commitments whatsoever about any non-Company websites or third-party resources that may be referenced, accessible from, or linked to the Services. A link to a non-Company website does not mean that Company endorses the content or use of such website or its owner. In addition, Company is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Services. Accordingly, you acknowledge and agree that Company is not responsible for the availability of such external websites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those websites or resources.
Linking to the Services
You may link to Company’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned or controlled by you.
- Cause the Services or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website.
- Link to any part of the Services other than the Website homepage.
- Otherwise take any action with respect to the materials available in the Services that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Disclaimers
USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO ANY DEVICE USED TO ACCESS OUR SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES, COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY, ITS AFFILIATES, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Services and any violation of these Terms of Use. If you cause a technical disruption of the Services or the systems transmitting the Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Company in the defense of such matter.
Governing Law and Jurisdiction
The Services are controlled and operated by Company from its offices within the United States of America. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Indiana County, Pennsylvania and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Modification
Company may, without notice to you, revise these Terms of Use and any other information contained in the Services at any time. You agree to review these Terms of Use periodically to ensure that you are familiar with the most recent version. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms. You agree that your access and use of the Services is the functional equivalent of your signature, and you hereby waive any objection to electronic assent to these Terms of Use, whether based on the Statute of Frauds or similar law, rule, or regulation. These Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Services.
Arbitration
Company, at its sole discretion, may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability and Waiver
If any provision of these Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms of Use. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision
No waiver of by Company 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 of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Contact Us
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: 724-349-1919.