myResource terms and conditions of use

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 and VerTerra Insurance Company.

"You" or "your" means an individual entitled to online access to a Company's workers' 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 user of a Company entitled to online access, you are using your actual identity and 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 online access.

Use of myResource

Subject to the terms and conditions of this agreement, you may use myResource to access your Company's workers compensation loss run records and claims summary reports. We may from time to time add or remove functions of myResource and 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 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 myResource will be uninterrupted or error free, that defects will be corrected, or that our Website that makes myResource 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 myResource, 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 myResource 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 myResource (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 myResource 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.