Kellybenefits.com Terms of Use

Last Updated: 3/29/21

Thank you for visiting Kellybenefits.com, the home page for Kelly & Associates Insurance Group, Inc. and Kelly & Associates Financial Services, Inc., and their affiliates (collectively, “Kelly Benefits”).  By accessing or using this website, you acknowledge that you have read and understand the following terms of use, and, having read and understood the terms of use, you voluntarily agree to be bound by the terms and conditions set forth below. You also agree to comply with all laws and regulations applicable to the use of the sites, and the activities involved in using the sites.
If you do not agree to these terms, you may not access or use the sites.


Agreement.
This Kellybenefits.com Terms of Use Agreement (this “Agreement”), as may be periodically amended, is made by and between you (the “User”) and Kelly Benefits  and describes the terms and conditions applicable for your use of the website and the related services (the “Sites”). The Sites are operated by Kelly Benefits or third-parties on behalf of Kelly Benefits.


Digital Signature.
By using the Sites, you are deemed to have executed this Agreement electronically, effective on the date of your visit to the Sites, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your continued use of the Sites constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendment, and your affirmative consent to such use without withdrawing such consent.


Property Rights.
Kelly Benefits, its affiliates and/or licensors, retain all right, title and interest, including, without limitation, all software provided by Kelly Benefits for your use in connection with the Sites, copyrights, trade secrets, patents, trademarks and all other property rights, in and to the Sites, its content and materials related thereto (hereinafter, collectively “Content”), other than personal information provided by you. When using content as permitted, you agree to comply with the terms of all notices, including by not limited to, trademark and copyright notices, information and restriction contained in, or accompanying, any Content. Your use of Content must comply with the Kelly Benefits Privacy Policy and all applicable law, rules, and regulations governing privacy and/or data protection. Your use of Content must also comply with the privacy policies of third-party vendors who contribute Content. Any rights not expressly granted herein are reserved by Kelly Benefits. The Sites are for your noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, text, software, or products or services obtained from Kelly Benefits unless expressly permitted herein. Product and company names mentioned in the Sites may be the protected trademarks of their respective owners and you may not use them without prior authorization.


Third Party Links.
The Sites may contain vendor links to sites on the Internet, which are owned and operated by third parties (the “External Websites”). Any links provided on the Sites to third-party External Websites are for general informational purposes only and Kelly Benefits does not adopt or endorse any third-party statements contained or presented on such External Websites nor is it responsible for the availability. To the extent that any of the Sites contain links to outside services and resources, the availability and content of which Kelly Benefits does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Your linking to other sites is at your own risk, and you agree to hold Kelly Benefits harmless for any damages that may occur from your linking to another site. Furthermore, Kelly Benefits does not represent or endorse the accuracy or reliability of any Content posted on or distributed through the Sites, including, without limitation, the medical library provided through WebMD, External Sites, company news, and/or any interactive calculators, and you acknowledge that any reliance upon such Content shall be at your sole risk.


Visitor On-Line Conduct.
By using the Sites, you agree that you will not engage in any improper use of the Sites, including, without limitation:

  1. You agree to use the Sites only for its intended purpose;
  2. You agree to use the Sites only for a lawful purpose, without violating any applicable law or regulation;
  3. You agree not to use the Sites for any purpose other than as provided in this Agreement, including, without limitation, advertising or soliciting funds or goods and services or soliciting users to join competitive online services;
  4. You agree not to impersonate or misrepresent your affiliation with any person or entity;
  5. You acknowledge that Kelly Benefits reserves the right to prohibit any conduct involving the Sites that it deems to be inappropriate;
  6. You agree not to disrupt the Sites;
  7.  You agree not to interfere with or compromise the security of the Sites, or any computers, servers, accounts, networks, data, software and/or hardware associated with the Sites;
  8. You agree not to disrupt or interfere with any other visitor's use of the Sites;
  9. You agree not to attempt to obtain access to any portion of the Sites, any computer, server, account, network, software or hardware associated with the Sites, from which you are restricted;
  10. You agree that you are solely responsible for any actions you undertake while visiting this Sites and that you will comply with all applicable local, state, national and international laws and regulations applicable to the Sites and the Internet, including United States copyright and export regulations; and
  11. You acknowledge and agree that while Kelly Benefits will take reasonable precautions to prevent the loss of or alteration to your data files in its possession in connection with the Services, including employing regular back-up procedures, Kelly Benefits does not undertake to guarantee against any such loss or alteration. Kelly Benefits is not, and will not be, your or your employer's record keeper. Accordingly, you will, to the extent you deem necessary, keep copies of all source documents of information delivered to Kelly Benefits in connection with the Services. You acknowledge and agree that you are solely responsible for maintaining and backing-up any information you are providing or using in connection with the Services.

 

Access To And Use Of The Sites. 
Accessing the Sites requires a live Internet connection and meeting the following Minimum System Requirements: SSL (Secure Socket Layer) compatible browser, such as current versions of Internet Explorer, Google Chrome or Firefox, or higher; current versions of Adobe Acrobat Reader. Kelly Benefits does not guarantee that use of the Sites will be continuous, uninterrupted, or error-free. You acknowledge and agree that access to the Sites may be unavailable from time to time through no fault of Kelly Benefits, including, without limitation, downtime due to regular maintenance performed by Kelly Benefits or its service providers, and that Kelly Benefits shall not be liable for any damages or losses caused by such unavailability. Kelly Benefits has the authority to grant or revoke your access privileges to the Sites. Furthermore, you agree not to access the Sites by any means other than through the interface that is provided by Kelly Benefits for use in accessing the Sites. You acknowledge that your use of any third-party programs in conjunction with the Sites is not covered by this Agreement and will be governed solely by the terms and conditions of the applicable third-party license agreements.

Comments.
Kelly Benefits may provide you with a mechanism to provide comments or questions (“Comments”) if you choose, about its offered services or use of the Sites. Users are advised against providing any personally identifiable information or protected health information in the Comments. You agree that Kelly Benefits may, in its sole discretion, use the Comments you provide to Kelly Benefits in any way, including in future modifications of the Sites or offered services and/or advertising and promotional materials relating thereto. By submitting Comments to Kelly Benefits on or through any of the Sites, you hereby grant Kelly Benefits a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Kelly Benefits in the Comments for any and all commercial or noncommercial purposes. Kelly Benefits is and shall be under no obligation to respond to any of your or any other user’s Comments.

Privacy Policy.
All services provided by the Sites are subject to the Kelly Benefits Privacy Policy, available for review on the Sites, and which may be amended from time to time. Please note that other Kelly Benefits websites or mobile apps, such as KTBSonline.com and/or KellyBenefitsExchange.com, may have separate privacy policies, which are available at the corresponding login page where personally identifiable information may be requested. Kelly Benefits respects the privacy of its Customers and Users of the Sites. Except for personally identifiable information collected under the guidelines established in the Kelly Benefits Privacy Policy, you agree that all submissions and/or Comments made by you will be considered non-confidential and non-proprietary.

Modification.
Kelly Benefits may modify this Agreement at any time, and such modifications shall be effective upon posting to the Sites. You are responsible for regularly reviewing this Agreement to ensure that you are aware of any modifications. Your continued access or use of the Sites shall be deemed your conclusive acceptance of the modified agreement.

Indemnification.
As a condition of using the Sites, you agree to indemnify, defend and hold harmless Kelly Benefits and its affiliates, and their respective officers, directors, owners, agents, employees, information providers and licensors (collectively, the “Kelly Benefits Parties”) from and against any and all liabilities, expenses (including reasonable attorneys' fees) and damages arising out of third-party claims resulting in connection with your use or alleged use of any of the Sites, including any use or alleged use of any of the Sites under your unique Internet protocol (IP) address by any person, whether or not authorized by you.  You also agree, as a condition of using the Sites, to indemnify, hold harmless Kelly Benefits Parties from and against any and all liability, loss, damage, expense, fines, penalties and costs, including attorneys' fees, which the Kelly Benefits Parties incur in connection with or arising out of (i) your breach of or your failure to fulfill any obligation under this Agreement, or (ii) any negligence or misconduct by you.

Term and Termination.
Your agreement to this Agreement and/or your use of any of the Sites constitutes your binding acceptance of this Agreement and your acknowledgment that you have read and understood this Agreement. If at any time this Agreement, either in its current form or as modified, is no longer acceptable to you, you should immediately cease all your use of the Sites and notify Kelly Benefits.  

Notices.
Kelly Benefits may provide notices to you via email, or through the Sites, or notice to your employer by Kelly Benefits via certified mail, email, through the Sites, or facsimile transmission. Notice to your employer shall constitute notice to each of its Employees. By registering with the Sites, Kelly Benefits reserves the right to contact you even after you are no longer a participating Employee or registered User. Notices to Kelly Benefits shall be made in writing and sent to:
Kelly & Associates Insurance Group, Inc.
C/O Vice President, Corporate Compliance
1 Kelly Way
Sparks, Maryland 21152
Notices may also be emailed to privacyofficer@kellybenefits.com.

Disclaimer of Warranties; Limitation Of Liability.
The sites and the content are distributed on an “as is, as available” basis and the user bears the entire risk as to satisfactory quality, performance, and accuracy. Neither Kelly Benefits nor any provider of third-party content or their respective agents, affiliates, officers, directors, owners, or employees warrants that any of the sites will be uninterrupted or error-free; nor does Kelly Benefits, any third-party content provider, or their respective agents affiliates, officers, directors, owners, or employees make any warranty as to the reliability of or results to be obtained from use of the sites or the content.


By using the sites, you expressly agree that the entire risk as to the quality and performance of the sites and the accuracy or completeness of the content is assumed solely by you. Neither Kelly Benefits nor any provider of third-party content or their respective agents affiliates, officers, directors, owners, or employees makes any representations or warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, warranties of accuracy, adequacy, timeliness, availability, or completeness, or implied warranties of merchantability or fitness for a particular purpose, with respect to any of the sites, any content or any products or services distributed through any of the sites, and Kelly Benefits, the third-party content providers, and their respective agents affiliates, officers, directors, owners, or employees hereby expressly disclaim all such representations and warranties. Neither Kelly Benefits nor any third-party content provider warrants that any software or other files made available for downloading or otherwise distributed through the sites will be free of malware, viruses or similar contamination or destructive features.


Neither Kelly Benefits, any third-party content provider, nor their respective agents affiliates, officers, directors, owners, or employees shall be liable for any indirect, incidental, special or consequential damages arising out of the use of or inability to use any of the sites or the content, whether due to interruption of any of the sites or otherwise, even if such party has been advised of the possibility of such damages. The maximum aggregate liability of Kelly Benefits, all third-party content providers, and their respective agents, and your exclusive remedy hereunder for any and all damages, injury, and losses arising from any and all claims and causes of action arising out of, based on, resulting, or in any way related to this agreement, the sites, or any content shall be to recover the actual damages you incur up to a total of $100. The existence of multiple claims or suits under or related to this agreement or the sites or content will not enlarge or extend the limitation of monetary damages.
The provisions of this section shall survive the termination of this agreement.

No Professional Advice.
When specifically included in the Services, Kelly Benefits may assist you or your employer in complying with applicable laws and regulations; however you and your employer, and not Kelly Benefits, will be solely responsible for (i) compliance with all laws and governmental regulations affecting your business and (ii) any use you or your employer may make of Services (including any reports and worksheets produced in connection therewith) to assist you or your employer in complying with such laws and governmental regulations. You acknowledge and agree that the Services provided by Kelly Benefits are not intended to be, and will not be, relied upon by you or your employer as either legal, financial, accounting, or tax advice. To the extent you or your employer require any such advice, you represent that you or your employer will seek such advice from qualified legal, financial, accounting, or other professional.

No Resale.
You agree not to reproduce, duplicate, copy, sell, resell, transfer, rent or exploit for any purpose the use of or access to the Sites or any portion of the Sites.

Governing Law and Jurisdiction.
This Agreement shall be governed by, construed in accordance with, and enforced under the laws of the State of Maryland, without regard to its conflicts of law provision. You irrevocably consent to bring any action to enforce or relating to this Agreement in the federal court in Baltimore City, Maryland, or state court located in Baltimore County, Maryland. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Sites, the Content, or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Relationship of Parties.
As a condition of using the Sites, you hereby acknowledge that no joint venture, partnership, employment, or other relationship, except those described herein, exists between you and Kelly Benefits as a result of this Agreement or use of the Sites. You also agree not to hold yourself out as a representative, agent, or employee of Kelly Benefits and Kelly Benefits shall not be liable for any representation, act or omission made by you.

Severability.
If any provision or provisions of this Agreement are rendered by judicial process or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.

Entire Agreement.
This Agreement constitutes the entire agreement between you and Kelly Benefits with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Any rights not expressly granted herein are reserved.

Benefit and Assignment.
This Agreement is intended for the sole benefit of Kelly Benefits and you and does not create any third-party beneficiary rights. You may not assign this Agreement, by operation of law or otherwise, and any assignment shall be considered null and void.

Use of Sites.
Your use of the Sites will be deemed acceptance of the above Terms and Conditions.