Establishing an online account

For Personal Users

You understand that by accepting this Agreement, you authorize KOS Distribution to establish an online account for you with the access capability and privileges to manage your KOS Distribution accounts, policies, or other products sold or provided by KOS Distribution and perform financial transactions as available. You represent that you are the person registered as the owner of this online account and you acknowledge that you are the only person permitted to use your unique username and password to access your online account. You represent that you have authority to give instructions and authorize transactions with respect to your KOS Distribution products, including general authority over changes to your personal information, movement of funds, contract changes, purchase of products or services, changes to your current or past product or service, or any other online transaction facilitated or permitted by the use of a KOS Distribution Website. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or users identified with your KOS Distribution products to perform the above listed transactions. You understand that by consenting to this Agreement, KOS Distribution has full authorization from you to rely and act upon any instructions received from you without further inquiry.

KOS Distribution is not responsible for errors or failures caused by any malfunction of your computer, browser, or software. KOS Distribution is also not responsible for computer viruses or related problems associated with the use of an online system, or any delay or failure in connection with your receipt of email notices.

Although there is charge for the services covered by this Agreement, there may be costs associated with electronic access to the products, such as usage charges from internet service providers and telephone companies. These costs are your responsibility.

KOS Distribution reserves the right to modify or discontinue the services covered by this Agreement or modify the terms of this Agreement at any time and for any reason. You understand and agree that your continued use or access of KOS Distribution’s electronic services after any modifications are made to this Agreement signifies your acceptance of the updated or modified Agreement. We will notify you of material changes to this Agreement by either sending a notice to the email address you provide to us or by posting a notice on a KOS Distribution Website. Be sure to return to the KOS Distribution Websites periodically to review the most current version of this Agreement.

For Commercial Users

You understand by accepting this Agreement, you affirm that you are authorized on behalf of the First Named Insured to authorize KOS Distribution to establish an online account for the organization with the access capability and privileges to manage the organization’s accounts, policies, or other products sold or provided by KOS Distribution and perform financial transactions as available. You further represent that you have the First Named Insured’s authority to give instructions and authorize transactions with respect to its insurance and financial products included in the account, including general authority over changes to its movement of funds, contract changes, purchase of products or services, changes to its current or past product or service, or any other online transaction facilitated or permitted by the use of a KOS Distribution Website. You understand that by consenting to this Agreement, you affirm that you are authorized on behalf of the First Named Insured to give KOS Distribution full authorization to rely and act upon any instructions received from you without further inquiry.

KOS Distribution is not responsible for errors or failures caused by any malfunction of your computer, browser, or software. KOS Distribution is also not responsible for computer viruses or related problems associated with the use of an online system, or any delay or failure in connection with your receipt of email notices.

Although there is no charge for the services covered by this Agreement, there may be costs associated with electronic access to the documents, such as usage charges from internet service providers and telephone companies. These costs are your responsibility.

KOS Distribution reserves the right to modify or discontinue the services covered by this Agreement or modify the terms of this Agreement at any time and for any reason. You understand and agree that your continued use or access of KOS Distribution’s electronic services after any modifications are made to this Agreement signifies your acceptance of the updated or modified Agreement. We will notify you of material changes to this Agreement by either sending a notice to the email address you provide to us or by posting a notice on a KOS Distribution Website. Be sure to return to the KOS Distribution Websites periodically to review the most current version of this Agreement.

Your Consent to Use Electronic Services and Receive Electronic Documents

System Requirements

To receive, access, and reply to the applicable Covered Documents you will need:

• A personal computer or other access device which is capable of accessing the Internet;
• An Internet web browser which is capable of supporting 128-bit SSL encrypted communications;
• Software which permits you to receive and access Portable Document Format or (“PDF”) files
• The ability to download or print agreements and disclosures.

In order to retain the Covered Documents your system must have the ability to:

• Download and save files to your hard disk drive
• Print PDF files, or print Web pages and embedded HTML files.

Your consent confirms that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account.

Enrollment with Our Equipment

If you elect to receive the Covered Documents through one of our customer service representatives or by using our equipment, your enrollment may not be complete until you perform an additional action. At the time of your enrollment, we will advise you if you must perform any additional action in order to consent to this Agreement. If you perform the required additional action, this action will constitute your affirmative consent to this Agreement.

State Specific Provisions

Residents of Georgia Only

You consent to the following: I AGREE TO RECEIVE ALL MAILINGS AND COMMUNICATIONS ELECTRONICALLY. SUCH ELECTRONIC MAILING OR COMMUNICATIONS MAY EVEN INCLUDE CANCELLATION OR NONRENEWAL NOTICES.

Residents of Kentucky and Tennessee Only

By consenting to this Agreement, you, the policyholder, elect to allow for policies, notices and communications to be sent to the electronic mail address provided by you and you should be aware that this election operates as consent by you for all notices to be sent electronically, including notice of nonrenewal and cancellation. Therefore, you, the policyholder, should be diligent in updating the electronic mail address provided to KOS Distribution in the event that the address should change.

Limitation of Liability

KOS Distribution’s liabilities

In no event will KOS Distribution, its respective service providers, employees, agents, officers and directors be liable to you for any punitive, indirect, direct, special, incidental or consequential damages. This includes any lost profits, costs of obtaining substitute service or lost opportunity, even if you’ve notified KOS Distribution about the possibility of such damages. This also includes any claims by any third parties arising out of (or in any way related to) the access, use or information and other materials present on the Site (“Content”) or a linked website. This applies whether such claims are brought under any theory of law or equity. This limitation on liability includes (but is not limited to) transmission of viruses that infects a user's equipment, mechanic or electronic equipment failure, failure of communication lines, telephone or other interconnects, unauthorized access, theft, operational errors, strikes or other labor problems, or any force majeure.

Your liabilities

KOS Distribution has the right to deny you access and use of the Site and its Content if you violate (as KOS Distribution may determine in its sole and absolute discretion) any provision of the Terms of Use. KOS Distribution reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold KOS Distribution harmless from any claim or demand (including reasonable attorneys' fees) made by a third party in connection with (or arising out of your access to, or use of) the Site or any of its Content in a manner other than as expressly authorized by the Terms of Use. This includes your breach of the Terms of Use, or your violation of applicable laws or any rights of any third party.

Legal Effect

By signing this Agreement, you agree to the terms and conditions herein, and acknowledge and agree that your consent is provided and/or obtained in connection with a transaction affecting interstate commerce subject to the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act, or a similar electronic transactions law, as adopted by state law. You further agree that:

• The Covered Documents made available to you on a KOS Distribution Website or delivered to your email address shall have the same meaning and effect as if you were provided a paper document, whether or not you choose to view the document(s), unless you previously withdrew your consent to receive documents by electronic means in accordance with this Agreement.
• The Covered Documents are considered received by you when KOS Distribution sends the electronic notification to the email address you provide unless KOS Distribution receives notice that the email notification was not delivered to you at the email address you provided.
• With respect to electronic Billing Documents, delays experienced due to the use of this service will not change any payment due date or the potential imposition of late fees. If you do not receive an anticipated e-mail notice, log on to https://www.kosdinc.com for up-to-date information about your account(s).

Except to the extent otherwise set forth in the Agreement or any other KOS Distribution agreement applicable to other portions of KOS Distribution Websites, this Agreement sets forth the entire understanding between KOS Distribution and you with respect to your access to, and use of, KOS Distribution Websites and supersedes all prior or contemporaneous understandings regarding access and use

Any provision of this Agreement that shall be proven unenforceable under any law or regulation shall not affect the validity or enforceability of any other provision of this Agreement.

This Agreement and any dispute arising from this Agreement, or the subject matter hereof, shall be governed by the laws of the United States and the State of Illinois.