Terms of Service
The OFB-EZ Mobile™ app is made available to you for free as a tool that can be used to identify business activities that are essential for continued operation during a disruption and the level of potential risk to which each activity is vulnerable depending on the cause of the disruption, and to create an easy-to-use recovery plan that can be used should the worst occur.
End User License Agreement (EULA) for OFB-EZ Mobile™
END-USER LICENSE AGREEMENT FOR THE SOFTWARE APPLICATION OFFERED BY EMPLOYERS MUTUAL CASUALTY COMPANY (“EMCC”) UNDER THE TRADE MARK “OFB-EZ MOBILE,” WHICH YOU ARE ATTEMPTING TO DOWNLOAD, INCLUDING BUT NOT LIMITED TO SOURCE CODE, OBJECT CODE, PICTURES, PHOTOGRAPHS, ANIMATIONS, VIDEOS, AUDIOS, MUSIC, TEXT AND “APPLETS” THAT ARE CONTAINED IN THE SOFTWARE (“Application”)
– IMPORTANT –
PLEASE READ CAREFULLY BEFORE CONTINUING: BY DOWNLOADING THIS APPLICATION ON YOUR SMART PHONE, TABLET OR OTHER DEVICE (collectively, “Device”), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND, IF APPLICABLE, HAVE THE AUTHORITY TO BIND YOUR COMPANY; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU AND YOUR COMPANY ARE LEGALLY BOUND BY ITS TERMS.
This End-User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (as applicable, either an individual or a company, if you are downloading for use by or for the benefit of a company) (“you” or “your”) and EMCC for the Application. The Application made available to you is licensed, not sold, to you. EMCC reserves all rights not expressly granted to you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU SHOULD NOT DOWNLOAD OR USE THE APPLICATION.
- Scope of License. This license granted to you by EMCC for the Application is limited to a non-exclusive, non-transferable, non-sublicensable license to download, install and use the Application on a Device that you own or control and subject to the terms and conditions of this Agreement and any other applicable terms and conditions promulgated by any third party, including Zip Tool and PDF Jet. Those third-party terms and conditions are between you and the third-party. By using this Application, you agree to those third-party terms and conditions. This license does not allow you to use the Application on any Device that you do not own or control. You may not, and will not, allow or cause any third party to rent, lease, lend, sell, redistribute or sublicense the Application. You may not, or direct any third party to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, whether or not patentable, any updates, or any part thereof (except as expressly permitted by this license and except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with the licensed application). You may not, or direct any third party to, remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof. Any attempt to do so is a violation of the rights of EMCC and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by EMCC, if any, that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Ownership. OFB-EZ™ was created by and is the property of the Insurance Institute for Business & Home Safety (IBHS). The Application is the property of EMCC. Title and copyrights to the Application, in whole and in part, and all copies thereof, and all modifications and enhancements, derivatives and other alterations of the Application, regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of EMCC and its suppliers and licensors. The Application is protected by the United States Copyright Law and International Treaty provisions. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge the exclusive rights of EMCC in the Application, and agree that you shall not challenge, or assist in any challenge to, the validity or exclusivity of the ownership thereof, or the validity of this license.
- Consent to Use of Data. You agree that EMCC may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. EMCC may use this information to improve its products or to provide services or technologies to you as long as the information is in a form that does not personally identify you. In the event that the Application crashes or otherwise fails, EMCC may track and share relevant data about that event, your Device, the location of your Device, and your use of the Application with a third party mobile app service provider in order to receive feedback, troubleshooting advice, and crash and failure analysis and/or reports relating to that event from that third party mobile app service provider. EMCC may use the information received from the third party mobile app service provider to improve the Application and other products and services.
- Termination. The license is effective until terminated by you or EMCC as set forth in this Section 4. You may terminate this license by deleting the Application and all copies thereof from your Device. EMCC may terminate the license at any time and for any reason without notice and without liability. Your rights under this license will terminate automatically and immediately without notice if you fail to comply with any term(s) of this license. Upon termination of the license, all rights granted to you under this license will also terminate; and you shall cease all use of the Application, and destroy all copies, full or partial, of the Application. Termination will not limit any of EMCC’s rights or remedies at law or in equity.
- No Support. EMCC may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that EMCC has no obligation to provide you with any updates, new versions, enhancements, error corrections, or any other modification of the Application under this Agreement, but, if EMCC does so, in its sole and absolute discretion, any such modification shall be considered the “Application” and subject to the terms of this Agreement unless subject to a separate license. EMCC has no obligation to provide you with notice of any changes or modifications to the information. EMCC is entitled to revise these terms at any time and reserves the right, at its own discretion and without notice, to discontinue the service.
- NO WARRANTY OR DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION CONTAINED IN THE APPLICATION IS SUBJECT TO CHANGE AND THAT EMCC HAS NO OBLIGA TION TO INFORM YOU OF SUCH CHANGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EMCC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF COMPLETENESS, OF QUIET ENJOYMENT, OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND OF SECURITY. EMCC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVER THAT MAKES THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMCC ITS LICENSORS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER EMCC NOR ITS AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, OR LICENSORS MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. THE INFORMATION CONTAINED IN THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY INSURANCE PRODUCT DESCRIPTIONS, ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED IN THE APPLICATION IS NOT INTENDED TO BE LEGAL ADVICE. EMCC, ITS EMPLOYEES AND ITS REPRESENETATIVES DO NOT PROVIDE LEGAL ADVICE.
The Application may also enable access to third-party services, software, content, code, data, information, applications and other materials (collectively and individually, “Third-Party Services and Materials”). Use of the Third-Party Services and Materials may require Internet access and that you accept or be subject to additional terms of service and/or licenses. Such terms or services and/or licenses are between you and the third-party, and not EMCC. You agree to use the Third-Party Services and Materials at your sole risk, and that EMCC does not warrant or endorse and is not responsible for Third-Party Services and Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. EMCC does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services and Materials or websites, or for any other materials, products, or services of third parties.
In addition, Third-Party Services and Materials may not be available in all languages or in all countries. EMCC makes no representation that such Third-Party Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. EMCC and its licensors reserve the right to change, suspend, remove or disable access to any such Third-Party Services via the Application at any time without notice. In no event will EMCC be liable for the removal of or disabling of access to any such Third-Party Services. EMCC may also impose limits on the use of or access to certain Third-Party Services, in any case and without notice or liability.
- Limitation of Liability.
(a) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EMCC OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICER, OR EMPLOYEES, BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY, OR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUIENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EMCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES CAUSED BY ANY THIRD-PARTY SERVICES AND MATERIALS, TRANSMISSION OF VIRUSES THAT INFECT A USER’S EQUIPMENT, EQUIPMENT FAILURE, UNAUTHORIZED ACCESS, THEFT, OPERATIONS ERRORS OR ANY FORCE MAJEURE.
(b) Without limiting the generality of the foregoing, You, and not EMCC nor any of its affiliates or subsidiaries, is responsible for: (i) establishing and maintaining the privacy and security of any and all data and information you submit, upload, enter, or make available through your use of the Application (the "Data"); and (ii) complying with any and all applicable U.S. and international laws relating to the use, maintenance, and disclosure of the Data, including, without limitation, laws relating to data and privacy, financial records, HIPAA, and the HITECH Act, and personally identifiable information. All Data is stored on your Device and EMCC does not have access to it. EMCC therefore does not see, store, or maintain any of your Data. The limitation of liability set forth in Section 8(a) shall apply without limitation to any liability, damages, loss, or injury of any kind relating to the Data.
- Your Liabilities. Except where prohibited by applicable law, you agree to defend, indemnify and hold harmless EMCC and its affiliates and subsidiaries, and its and their respective officers, directors, employees, agents, successors and assigns (each, an "Indemnified Party") from and against any and all loss, damage, liability, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and legal fees, including, but not limited to, reasonable fees and disbursements of counsel incurred by any Indemnified Party in any action or proceeding between you and an Indemnified or between an Indemnified Party and any third party related to this Agreement, resulting directly or indirectly from your use of the Application.
- Export Restrictions/Legal Compliance. You may not use or otherwise export or re-export the Application except as authorize by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- For U.S. Government End Users. The Application was developed at private expense and is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Application with only those limited rights set forth therein. Publisher is Employers Mutual Casualty Company, 717 Mulberry Street, Des Moines, Iowa 50309. Unpublished rights reserved under the copyright laws of the United States.
- General. Failure of EMCC to enforce any provision of this EULA shall not be construed as a waiver or limitation of EMCC’s right to subsequently enforce and compel strict compliance with every provision of this EULA. If any term or provision of this EULA is invalid or unenforceable to any extent, the remainder of this EULA shall be valid and enforced to the fullest extent permitted by law. This EULA is governed by and construed in accordance with the laws of the State of Iowa, without giving effect to the principles of conflicts of laws. Your use of the Application may also be subject to other local, state, national, or international laws. You and EMCC further agree that the sole jurisdiction and venue for any litigation arising from or relating to this EULA is an appropriate federal or state court located in Des Moines, Iowa. You shall comply with all applicable State and Federal laws and regulations in your use of the Application. This EULA and any of the rights or obligations hereunder are not assignable without EMCC’s prior written permission. No modification or attempted modification of this Agreement by you shall be binding on EMCC unless made in writing and physically signed by an authorized officer of EMCC. EMCC may amend this Agreement in any way at any time with or without notice to you. Notice, if any, may be delivered to you by electronic mail, posting on the EMCC website, or by providing you with a modified EULA via any update to this Application. Your continued use of the Application is your agreement to the terms of any such amendment(s). All rights and benefits granted hereunder to EMCC, including without limitation any disclaimers, limitations on liability and indemnification and hold harmless rights, shall extend to and may be exercised by EMCC as well as any and all of EMCC’s affiliates, subsidiaries and parent companies. Sections 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this EULA.
- Waiver of Jury Trial. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND FREE FROM DURESS OR COERCION, WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.