Terms of Use
Effective Date: September 5, 2024
These Terms of Use apply to your use of or access to our online interfaces and digital properties, such as our websites or mobile device applications that link or reference these Terms of Use (collectively, the “Sites”) “Kemper,” “we,” “us,” or “our” mean The Kemper Foundation. When we refer to “you,” “your,” or “user,” we refer to the person using or accessing the Sites. By using or accessing the Sites, you acknowledge and agree that you have read and understood, and that you agree to be bound by, these Terms of Use (referred to herein as “Terms of Use” or “Terms”). If you do not wish to be bound by these Terms, please discontinue using and accessing the Sites immediately. You also acknowledge that you have read and understood the Kemper Foundation Privacy Policy (“Policy”), which contains important information about how we collect, use, disclose and safeguard your information when you visit our Sites where this Policy is located.
NOTICE: This Agreement contains a mandatory ARBITRATION AGREEMENT for claims that you or Kemper could assert arising from your use of the Sites. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
Kemper reserves the right to change these Terms and the Additional Terms at any time without notice in our sole discretion. We will indicate changes to these Terms by updating the “Effective Date” above. Your use of the Sites following a change to these Terms signals your acceptance of the modification(s).
Please read the Terms below carefully before you start to use the Kemper website.
We do not authorize people under sixteen (16) years of age to use our Sites. Our Sites are not marketed to or directed to children under the age of sixteen (16). We thus do not knowingly collect personal information directly from children under the age of sixteen (16) through our Sites. If you are a parent of a child under sixteen (16), and you believe that your child has directly provided us with information about him or herself through our Sites or online services or that we have otherwise received information directly from a minor through our Sites or online services, please contact us at info@thekemperfoundation.org.
In the event that we become aware that we have collected personal information directly from a person under 16 years of age through our website or online services, we will delete such information from our database.
To learn more about how to protect your child online, visit the FTC’s website. You may also want to read the helpful information about kids and privacy that the FTC provides.
INTELLECTUAL PROPERTY RIGHTS / REPRODUCTION OF INFORMATION PROHIBITED
The Sites, their Content, including all copyrights, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”) are owned and controlled by Kemper, its affiliates, or its licensors and are protected by copyright or other applicable intellectual property laws. You may print a copy of the Content for your personal non-commercial use only. You may not, however, copy, use, reproduce, or distribute the Content or the Intellectual Property (including the Kemper name) or make copies of all or substantially all of our Sites or link to it, absent specific, prior written permission from Kemper. You also may not delete or alter copies of the original to exclude copyright or other notices. Finally, you may not use our logo or service mark in advertising or publicity without specific, prior written permission from Kemper. “Content” means any content, such as comments, feedback, suggestions, ideas, opinions, messages, photos, images, text, materials, information, data, notes, graphics, designs, or any other communications or content.
The Content was believed to be accurate at the time it was published. While Kemper periodically updates the Content, it is subject to change without notice, and Kemper makes no guarantee as to the timeliness or accuracy of any Content presented on these Sites at the time accessed. Kemper is not responsible, and hereby disclaims liability, for any errors, omissions or availability of the Content. The Sites and Content are provided on an “as is,” and “as available” basis without representation or warranty of any kind whatsoever. We reserve the right to add, remove and change information at any time without notice in our sole discretion.
DISCLAIMER OF WARRANTIES AND LIABILITY
Your use of these Sites and Content is at your own risk. Content may become inaccurate as a result of developments after its publication on these Sites. Kemper assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Content on these Sites and the operation of them are provided “as is”, and Kemper disclaims all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Certain jurisdictions may not permit certain disclaimers of warranties. In such a case, we disclaim warranties to the fullest extent permitted by the applicable law.
WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES CAUSED BY, ARISING OUT OF, AND/OR IN ANY WAY CONNECTED WITH FUNCTIONALITY OR OPERATION OF, ACCESS TO, USE OF, OR RELIANCE ON THE SITES OR THE CONTENT (EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARE CAUSED BY AND/OR ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITES OR THE CONTENT.
You agree to defend and indemnify us, our affiliates, employees and officers of each, from and against any and all third party claims, debts, losses, liabilities, demands, obligations, actions and causes of action, alleged claims or litigation, damages, judgments, judgments for damages, fines, penalties, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of, or resulting from your use of the Sites or the Content in a manner not expressly authorized by these Terms or that violates these Terms, any law, or the rights of a third party.
Our failure or delay to exercise or enforce any right, remedy or provision of these Terms or by law will not operate as a waiver of such or any other right, remedy or provision.
UNACCEPTABLE BEHAVIOR
You agree not to use this website or the Content to:
- Violate any laws or regulations;
- Attempt or acquire unapproved access to our systems, network, servers or data;
- Directly or indirectly, provide information that is intimidating, abusive, harassing, offensive, hateful, or racially, ethnically or otherwise unacceptable;
- Supply or release viruses or any other systems code, program, file or any other content intended to disturb, terminate, or constrain the performance of our website;
- Place information that contains solicitations or advertisements of any kind
- With respect to the Sites, their Content, and databases comprised in the Sites, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
- Monitor Content on the Sites or by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Sites, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent;
- Use the Sites for purposes other than those referred to in these Terms of Use;
- Reproduce any portion of the Sites on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Sites, or any other framing technique to enclose any portion or aspect of the Sites, or mirror or replicate any portion of the Sites.
AMENDING THE WEBSITES AND CONTENT SUSPENSION AND TERMINATION
We reserve the right to amend or reduce the functionality of the Sites or any Content on the Sites and/or suspend or terminate your access at any time for any reason, at our sole discretion and without prior notice.
These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of Illinois, without giving effect to conflict of law principles thereof. You agree that any claim or cause of action related to your use of the Sites and any dispute arising or covered by these Terms of Use will be brought in the United States, State of Illinois, Cook County.
US ONLY
We provide our Sites subject to United States law. By using our Sites or providing us with any information through the Sites, you acknowledge that our Sites are subject to United States law and that other countries and jurisdictions may not provide the same rights or protections as those in the United States or in the country where you reside or are a citizen.
The information provided through these Sites is directed to and is intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Kemper to any registration requirement within such jurisdiction or country. Persons who access these Sites do so on their own initiative and are responsible for compliance with applicable local laws and regulations. Software and other materials from these Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. Kemper prohibits your downloading or exporting of software or other material from these Site in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from the Sites, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.
Kemper reserves the right in its sole discretion to terminate or restrict your use of all or any part of the Sites, without notice, for any or no reason, and without liability to you or anyone else. The Terms relating to Ownership and Use of Content, Indemnification, Limitation of Liability, Warranty Disclaimer, Limitation of Liability, and Governing law shall survive any termination.
You are granted a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access the Sites according to these Terms of Use. If you do not agree to these Terms of Use, or any amended Terms of Use, you may not access or use the Sites for any purpose and shall promptly discontinue such use of the Sites.
ARBITRATION; CLASS ACTION WAIVER
The exclusive means of resolving any claim related to your use of the Sites or these Terms of Use shall be BINDING ARBITRATION conducted in accordance with Kemper’s Arbitration Procedures. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in Cook County, Illinois, United States of America.
You agree to first give us an opportunity to resolve any claims by contacting us in writing (the “Claims Notice”). If we are not able to resolve your claims within 60 days of receiving the Claims Notice, you may seek relief through arbitration, as set forth above.
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED CLAIM.
The Sites, like other internet technologies, may not be 100% secure. By accepting these Terms of Use you acknowledge and accept that the Sites may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing any device used to access the Sites from unauthorized access, including by such means as using complex password protection and enabling device encryption when available through settings on your device. You agree that Kemper shall not be liable for any unauthorized access to your account or devices.
By providing information or materials to the Sites (other than personal information, which is subject to the Kemper Privacy Policy), you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You are prohibited from submitting or transmitting any material or communication through the Sites that we deem discriminatory, racist, offensive, pornographic, defamatory, harassing, threatening, inappropriate, violates any law, or infringes any third party’s intellectual property rights. We reserve the right to take any available steps to prevent or prohibit any such transmission that violates this provision, which shall be determined at our sole discretion, and to take any appropriate legal action.
We reserve the right to add or remove features or functions to existing Sites. When installed on your mobile device, Apps periodically communicate with our servers. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Terms of Use before you will be permitted to use any updated versions of the Sites. You acknowledge and agree that any obligation we may have to support previous versions of the Sites may be ended upon the availability of updates, supplements or subsequent versions. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or updated versions of the Sites.
If you have questions regarding this Terms of Use, you can contact us by email or by phone at 312-332-3114. If you prefer to write, our address is 200 E Randolph St #3300, Chicago, IL 60601.
© 2024 The Kemper Foundation. All rights reserved.