TERMS OF USE

Agreement to Terms; Changes. The Great West Casualty Company Internet Site (referred to as the "Site") has been created for the use and convenience of our policyholders, prospective policyholders, and agents ("users" or "you").  By accessing this Site, you agree to all terms, conditions, and notices contained or referenced here (the "Terms of Use" or "Agreement"), individually or as an authorized representative with authority to bind the policyholder, prospective policyholders, or agency which employs you.  Please do not use this Site if you do not agree to these Terms of Use.  We reserve the right, at our discretion, to update or revise these Terms of Use without notice.  YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT HAVE BEEN MADE. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

This Site presents information and content that is the property of Great West Casualty Company and its Affiliates ("GWCC").  When used in these Terms of Use, "we" and "our" mean GWCC.

These Terms of Use also apply to any Great West Casualty Company mobile application, including, but not limited to, Great West Mobile. Any reference to the "Site" includes such a mobile application.

Limited License.  GWCC grants Users, subject to the terms of this Agreement, a non-perpetual, revocable, limited, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site in real-time and solely in connection with their status as a policyholder, prospective policyholder, or agent of GWCC.

Internet Privacy Policy. We recognize that you may have privacy concerns.  Our physical, electronic, and procedural safeguards are designed to protect personally identifiable information you provide us through this Site.  We may need to share your information with others to fulfill your requests, but we will share it only with people or companies with a legitimate business reason to have your information.  We may also share your information if required or allowed to do so by law. Any questions concerning our Internet Privacy Policy may be submitted to Great West Casualty Company through this Site.

User Obligations. Only Users who have been approved in writing by an authorized representative of GWCC are permitted to use User IDs and passwords to access the Site.  User IDs may not be disclosed or shared with any other persons. Using a User ID and Password to access the Site shall confirm the User's Agreement to be bound by this Agreement.  Users shall maintain the confidentiality of their User IDs and passwords and protect them from disclosure to third parties or other persons not authorized to access the Site. Users shall take reasonable steps to prevent any unauthorized person from using their User IDs and passwords and from otherwise accessing the Site using their accounts. If a User suspects their User ID or password has been compromised, the User shall promptly notify GWCC to disable such User ID and password

Security and Confidentiality. Users shall (a) maintain the confidentiality of all information obtained from the Site; (b) use such information solely in connection with accounts for GWCC; (c) comply with all applicable state and federal laws and regulations governing privacy and security of the specific types of information contained in the Site; (d) implement and maintain reasonable access and controls to ensure that only Users who have a business need to access the Site are permitted access; (e) promptly disable access privilege for any person upon terminating their employment or contract, or a change in their duties or responsibility to a position that does not require access to the Site, or if there is reason to suspect such person has caused or may cause a breach of security of the Site; (f) inform all employees of User who will have access to information from the Site of the confidential nature of that information and all pertinent obligations of this Agreement; (g) obtain each employee and/or contractor User's Agreement to maintain the confidentiality of information from the Site and to comply with all relevant privacy and information security terms in this Agreement before permitting such employee and/or contractor of User to access the Site; (h) promptly notify GWCC of any suspected breach in the security of the Site or any violation of this Agreement; and (i) permit GWCC or its delegate to investigate or audit, at GWCC's discretion, User's use of the Site.

User Prohibitions. No User shall: (a) lease, encumber, pledge, lend, copy, make available, provide access to, or distribute the Site or any information contained in the Site to any third party not authorized by GWCC; (b) reverse-engineer, decompile or disassemble the Site; (c) circumvent, in any way, any security or access controls for the Site; (d) use the Site or any information obtained or derived from the Site, other than as permitted by GWCC; (e) use the Site or any information derived from the Site, in any way detrimental to the interests of GWCC or its affiliated corporations; (f) disclose information from the Site to any person or entity unless such disclosure is expressly permitted by GWCC; and (g) use the Site in violation of any applicable law, rule, or regulation, or in violation of this Agreement.

Ownership of Information / Intellectual Property.  All of the information and content on this Site,  including but not limited to all text, documents, graphics, software applications, video and audio files, photos, trademarks, service marks, and the "look and feel" of the Site ("Content"), is GWCC's property, or the property of third parties for which GWCC has obtained the legal rights for use.  This Content is protected by applicable intellectual property rights law, including copyright and/or trademark law, under both United States and individual States' laws, whether registered or unregistered, unless otherwise indicated.  Any use of our content requires the written permission of GWCC.  All rights are reserved.  You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and proprietary notices.  The use of the Content on any other Website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another Website, is expressly prohibited without the prior written permission of GWCC.

Third-Party Sites. The Site may produce automated search results or otherwise link you to other sites on the Internet.  These sites may contain information or material that some people may find inappropriate or offensive.  These other sites are not under the control of GWCC, and you acknowledge that GWCC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. Including such a link does not imply endorsement of the Site by GWCC or any association with its operators.

Children. This Site does not intend to market any GWCC products or services to children. GWCC does not knowingly gather or solicit data from children through this Site for marketing purposes.

DO NOT USE WHILE DRIVING. DO NOT USE THIS SITE WHILE DRIVING. Doing so violates Federal Motor Carrier regulations and many state laws.

NO WARRANTY.  WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP-TO-DATE CONTENT ON THIS SITE.  HOWEVER, ALL CONTENT ON THIS SITE, OR ON ANY OTHER SITE TO WHICH WE LINK, IS FURNISHED ON AN "AS IS" BASIS.  WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE OF THE INFORMATION CONTAINED IN THE SITE OR CONCERNING THE FUNCTIONS OF THE SITE.  TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS SITE, OR ANY OTHER SITE TO WHICH WE LINK, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.  IF YOU DO NOT SO AGREE, THEN DO NOT USE THE SITE.

NO LIABILITY. IN USING THIS SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD GWCC LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY USE BY YOU OF THIS SITE (OR ANY OTHER LINKED SITE), WHETHER THOSE DAMAGES ARE FINANCIAL OR RESULT FROM LOST, INCOMPLETE OR INTERRUPTED DATA OR TRANSACTIONS, OR OTHERWISE.  IF YOU DO NOT SO AGREE, THEN DO NOT USE THE SITE.

Additional Information. All information, other than personal information subject to GWCC's Internet Privacy Policy, submitted to GWCC through this Site or any related GWCC Site is the property of GWCC.  GWCC shall be free to use any ideas, concepts, know-how, or techniques you submit to GWCC through this Site.  We shall not be subject to any confidentiality obligations regarding any submitted information except as specified in GWCC's Internet Privacy Policy, as outlined in any additional terms and conditions relating to specific products or services, or as required by law.

Viruses. Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. You are responsible for scanning all downloaded materials from the Internet.  We are not responsible or liable for any damage caused by such hazards.

E-mail Security. We welcome your e-mail correspondence; however, Internet and e-mail communications are not confidential. Information transmitted to us may be read or obtained by other parties.  In an attempt to protect your privacy, our e-mail responses do not include personal account information such as social security numbers or bank account numbers.

Content. Statements made on Internet sites, newsgroups, message boards, e-mail, forums, conferences, and chat rooms reflect only the views of their authors. Forum managers, forum hosts, or Merchants appearing on the GWCC site are not authorized GWCC spokespersons, and their views do not necessarily reflect those of GWCC.

Licenses and Idea Submissions. You agree to grant to GWCC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained there for new or improved products or services) you submit to GWCC by all means and in any media now known or developed in the future.  You waive your moral rights in any of this material and information. You also warrant that this material and information are original with you or that you have the right to submit this material and information.  You agree that you shall have no recourse against GWCC for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Extension of Rights. The provisions of the Sections entitled "No Warranty," "No Liability," and "Indemnification" are for the benefit of GWCC, its parent and affiliated corporations, and their respective officers, directors, employees, agents, licensors, suppliers, and information providers. Each individual or entity shall have the right to assert and enforce those provisions directly against you on its behalf.

International Use. GWCC makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Site from other locations do so on their initiative and are responsible for compliance with local laws.

Electronic Means. You and GWCC may facilitate some transactions under this Agreement by exchanging documents, records, and signatures electronically or using electronic agents.  The use of electronic facilities or agents shall be in accordance with procedures established by GWCC and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.

Indemnification. You agree to indemnify, defend, and hold harmless GWCC and its parent companies, subsidiaries, and affiliated companies, the independent providers/transmitters of information on the Site, and their respective employees, contractors, officers, and directors (the "Indemnitees") from any claim, loss or damage related to (1) any inaccuracy, error, or delay in, or omission of any information, or the transmission or delivery of information in your use of this Site; (2) your use or misuse of the Site; or (3) any non-performance, or interruption of information due either to any act or omission by the Indemnitees or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, the action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.

Severability and Integration. Unless otherwise specified here, this Agreement constitutes the entire Agreement between you and GWCC for the use of the Site. It supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and GWCC with respect to the Site, including your access and use of the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. Notwithstanding the above, if the User is an Agency subject to an Agency Contract with GWCC, the terms and conditions of that contract shall be in addition to this Agreement.

Notice Specific to Software Available on the Site. Any software made available to download from this server ("Software") is the copyrighted work of GWCC and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software ("License Agreement").  An end-user will be unable to install any Software that is accompanied by or has a License Agreement unless they first agree to the terms of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not under the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. AS WARRANTED IN THE LICENSE AGREEMENT, GWCC DISCLAIMS ALL WARRANTIES AND CONDITIONS CONCERNING THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NOTICES REGARDING SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE ON THE SITE. IN NO EVENT SHALL GWCC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

Disclaimer. GWCC does not provide legal or employment advice to agents, policyholders, or any other third parties.  Information on this Site and other Great West publications is provided for informational purposes only. It is not intended to serve as legal or employment advice for any issue that may arise in a motor carrier's operations.  Agents, policyholders, and other third parties should seek legal advice from their legal counsel.  GWCC is not responsible or liable to any person or entity with respect to any loss, claim or damage of any kind, action, or inaction alleged to be related to or arising from, directly or indirectly, any information contained on this Site.