PEMCO Mutual Insurance Company or one or more of its subsidiaries or affiliates (collectively, “PEMCO”) offers online sites on the World Wide Web (the “Sites”) that can provide you access to a variety of services such as personal accounts, product information, self-help tools, and mobile applications(s) for smartphones (“App” or “Apps”) (collectively, the “Services”).
These Terms and Conditions of Use as amended from time to time (“Terms and Conditions”) govern your access to and use of PEMCO Sites and Services. By accessing or using our Sites or Services, or by your “click-through” agreement to our Terms and Conditions on a PEMCO Site, you agree to be bound by these Terms and Conditions as well as any other requirements that may specifically apply to a PEMCO Site. These Terms and Conditions are in addition to any other agreement you may have with PEMCO for other products or services. THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions may be revised at any time and at our sole discretion. If they are revised, your continued use of the Sites or Services constitutes your agreement to those revisions. You are encouraged to check the Terms and Conditions frequently and to read them carefully to inform yourself of any changes, which shall be effective upon posting. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SITES OR SERVICES.
You agree your use of the Sites will be only for your personal, noncommercial use unless you and PEMCO agree otherwise in writing. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Sites in any manner that could damage, overburden, or disable any PEMCO software or equipment. Framing any Site content is prohibited.
You may not use any means of systematic retrieval of data or other content from the Sites. Obtaining or attempting to obtain any materials or information through means not intentionally made available or provided for through PEMCO Sites is prohibited. We may suspend or stop providing our Services to you if you do not comply with the Terms and Conditions or other applicable requirements or if we are investigating suspected misconduct.
PEMCO Sites may contain links that it has authorized to or from other websites. These links are offered for convenience and informational purposes only. We do not review or maintain any of these third party websites. We assume no responsibility for the content of any linked site, or any link contained within a linked site, that is not under our control. Nor does a link to those sites constitute an endorsement or adoption of any information or views expressed in them or of any products or services offered through them. PEMCO makes no warranties or representations regarding such other websites and accepts no responsibility for their content, accuracy, quality, nature, reliability or other aspects. PEMCO does not control the privacy or security practices of third parties. You should review the policies and practices of other parties whose websites you access, including their privacy, security, and data handling policies, all of which may differ from ours.
To utilize some Sites and Services, you may be required to complete a registration process and establish an account with PEMCO ("PEMCO Account"). As a registered user of the Sites and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and PEMCO Account(s). You understand and agree that you are fully responsible for all actions and postings made from your PEMCO Account(s), and you are solely responsible for all instructions and information entered through or electronically transmitted to us using your PEMCO Account User ID and Password. PEMCO is not liable for any unauthorized access to your personal information that is not the result of negligence or intentional misconduct on our part.
Any account you create is not transferrable. You agree to notify PEMCO immediately if you become aware of any unauthorized use of your PEMCO Account(s). You represent and warrant that all information you provide to PEMCO is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a timely basis. You grant permission to PEMCO to act on instructions received under your User ID and password.
PEMCO reserves the right to disable or block access to your PEMCO Account(s) if we believe your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred, or for any other reason.
Intellectual property is protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States and other countries. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. The Terms and Conditions and your use of our Sites and Services give you no right, title, or interest in PEMCO’s intellectual property, and they create no relationship between you and PEMCO.
Trademarks, service marks, trade names, tag lines or slogans, logos, trade dress, and other identifiers (“Marks”) on PEMCO Sites are the intellectual property of PEMCO unless otherwise indicated. Except as expressly provided in these Terms and Conditions, all rights to PEMCO’s intellectual property are reserved, and you are prohibited from using any Marks for any purpose including but not limited to commercial or public use, use on other materials, as domain names, or as metatags, without PEMCO’s written permission.
The rights you grant in this license continue even if you stop using our Sites or Services and we have no further obligation to you. By submitting your User Content, you represent and warrant that you own or otherwise control all rights to your User Content including, but not limited to, all the applicable copyrights, rights to privacy, right of publicity, and personal property rights necessary for you to provide, post, upload, input or submit your User Content to us under these Terms and Conditions. You understand and acknowledge that the User Content you submit will, at a minimum, be viewable by our employees, contractors, and other service providers.
If you are permitted and choose to submit or otherwise transfer your User Content for public posting to a PEMCO Site, or through a PEMCO Site to other public display (such as posting to your Facebook or Twitter account), you acknowledge and agree that the right and license you grant under these Terms and Conditions does not require PEMCO or others to remove or take other action with regard to your User Content. If you terminate or deactivate an online account, or if any of your User Content is removed from a PEMCO Site, you agree that PEMCO and any assignees or sub-licensees are still permitted to retain and use any of the User Content that has been shared with others prior to its termination, deactivation or removal.
PEMCO reserves the right to take down or refuse to display any User Content submitted that does not comply with these Terms and Conditions (as amended from time to time), that is alleged to infringe on any third party intellectual property rights, or that PEMCO in its sole discretion deems obscene, offensive, defamatory, libelous, or otherwise inappropriate for viewing by a general audience.
While we may review submissions, do not assume that we do so, and do not assume that we determine the legality of your submissions.
If you are permitted and choose to create on a PEMCO Site a Northwest Profile image or other personalized content that also contains PEMCO Marks selected by us, you agree that you will not: 1) include images of identifiable people from whom you have not obtained necessary permissions; 2) violate a third party’s intellectual property rights or other proprietary or privacy rights; 3) publish falsehoods or untruths misrepresented as fact; 4) include any advertising or solicitations; or 5) submit any material that is illegal, offensive, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered either a criminal act or would give rise to civil liability, violate any law, or is otherwise inappropriate. In addition, you represent and warrant that you have all rights required by these Terms and Conditions to use or distribute the User Content you include, without restrictions.
If you register for a PEMCO Account you may be permitted to create User Content, such as a personalized home page of your PEMCO Account (“Personal Account Profile”), by using an approved, pre-formatted template containing certain PEMCO Marks. If so permitted, and limited to that permission, your use of such template is granted with a non-exclusive, nontransferable, limited and revocable right to access, use, and display such Marks as formatted, for your personal, non-commercial use. You may also be permitted to submit such User Content for public display on a PEMCO Site (such as www.wearealotlikeyou.com). If the normal functionality of a PEMCO Site allows you to share a copy of your User Content on your personal Facebook page, your Twitter account or through other means beyond a PEMCO Site, you agree that (a) you will not make any modifications to the Content other than on a PEMCO Site, (b) you will not use such User Content to portray PEMCO or any other affiliated companies, or any of the foregoing entities’ products or services, in a false, misleading, derogatory or otherwise defamatory manner, and (c) you will comply with all provisions of PEMCO’s Terms and Conditions. You further agree that, if we request you to do so for any reason, you will remove all such content containing PEMCO Marks, including those you have shared. Any business use, "re-mailing" or high-volume or automated use of PEMCO’s intellectual property is prohibited.
PEMCO is not obligated to post, display, or otherwise make publicly available any photo or other User Content you submit. By posting your User Content to a PEMCO Site, you agree that other users may have access to download, copy or otherwise use your User Content. You further agree to hold PEMCO harmless and to indemnify PEMCO against any claims that arise out of a third party’s use of your User Content. These rights apply to any User Content you submit for posting to a PEMCO Site, and these rights continue after you stop using our Services. If you do not agree to the terms and conditions for submitting User Content to a PEMCO Site, you must not submit such content.
Unless PEMCO has agreed otherwise in writing, nothing in these Terms and Conditions gives you the right to use any of PEMCO’s Marks or other intellectual property or distinctive brand features for any reason.
We may change the PEMCO Sites or delete Content (including User Content) or features at any time, in any way, for any or no reason.
It is PEMCO’s policy to respond to notices of alleged intellectual property infringement in a manner that complies with the Digital Millennium Copyright Act (the “DMCA”). We will process and investigate notices of alleged infringement and take appropriate action under the DMCA, and in circumstances we determine appropriate we will terminate account access for anyone who is a repeat infringer. If you believe that any material contained in our Sites may infringe on your copyright, written notice must be provided containing the following information:
Notification must be submitted to PEMCO’s designated agent to receive notifications of claimed copyright infringement as follows:
DMCA Designated Agent: Jane Simmons
325 Eastlake Avenue East, Seattle, Washington, 98109
Fax Number: 206-676-7165
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Sites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following information:
Upon receipt of a counter notification we will send a copy of the counter notification to the person alleging copyright infringement. We will cease disabling access to the User Content which is subject to the copyright claim in 10 days unless we receive notice from the person alleging infringement that they have filed an action seeking a court order to restrain use of the content.
THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THE MOBILE APPLICATION SERVICE ARE MORE LIMITED THAN THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH OUR WEBSITES.
Similar to your use of other PEMCO Services, if you access, download, copy or otherwise use a PEMCO mobile App, by doing so you agree to be bound by these Terms and Conditions as well as any other requirements that may specifically apply to a PEMCO mobile App. By using a PEMCO mobile App and agreeing to these Terms and Conditions, PEMCO grants you a limited, revocable, non-exclusive, non-transferable, non-assignable End User License Agreement (the “User Agreement”) for the App (which shall include future updates made available to you from time to time). However, such updates may be subject to additional terms and conditions for which you will be notified and expected to agree in order to continue using the App. This User Agreement is a legal agreement between you and PEMCO. If you do not agree to the User Agreement, do not access, download, copy or otherwise use the App.
In accepting these Terms and Conditions you agree:
PEMCO respects the privacy of our users. For our Privacy and Security practices please see the link at the bottom of our PEMCO Site at www.pemco.com.
This Site is not intended for use by children, and any use or access by anyone 13 years old or younger is prohibited.
PEMCO values your feedback. However, we ask that you not submit, and you hereby agree not to submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Sites. This understanding and agreement will help to avoid confusion in the future regarding the origin of the concept, product or service.
If, for whatever reason, you do send us creative suggestions, ideas, concepts or other information (collectively, the "Information"), you understand that such Information shall be deemed by PEMCO to be, and shall remain, the non-confidential and non-proprietary property of PEMCO. PEMCO shall not be liable for any use or disclosure of such Information. Without limiting the foregoing, PEMCO shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
We may add or remove functionalities or features of the Sites or Services, and we may at any time suspend or stop a Service altogether, without any notice and without any liability to you. You can stop using our Services at any time, and PEMCO may also stop providing Services to you, or add or create new limits to our Services at any time. PEMCO reserves the right to terminate any PEMCO Accounts you have, or restrict access to them, or to delete any Content posted through your PEMCO Account(s), with or without notice, for any or for no reason, and without any liability to you.
Information provided on our Sites is meant for informational purposes only so you may learn more about insurance products. It should not be considered to be an offer to sell or as a solicitation to purchase any of our products or services. We make revisions to our products and services at any time without notice to you.
Nothing contained in our Sites is meant to amend, modify, or supplement any insurance policy. Your insurance policy terms and conditions control what is available to you. Your eligibility for coverage is determined by applicable underwriting qualifications. Whether or not you have coverage for any claim is dependent on the particular facts and circumstances and the applicable policy language. We make no representations on our Sites as to whether claims coverage does or does not exist.
Any conflict between these Terms and Conditions and any other terms and conditions for a specific PEMCO Site shall be controlled by the latter terms and conditions.
We want you to enjoy the Services we provide, but, we also want to be clear that they are provided without a number of promises.
ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITES ("CONTENT"), INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES, ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES ABOUT THE CONTENT'S NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. WITHOUT LIMITING THE ABOVE, PEMCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED ("LINKED WEB SITE"). PEMCO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.
THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON THE SITES OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITES OR A LINKED WEB SITE IS UPDATED OR COMPLETE. PEMCO HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITES AND MAY CHANGE OR IMPROVE THE SITES AT ANY TIME WITHOUT NOTICE.
PEMCO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITES BY ANY PARTY OTHER THAN THOSE MADE BY PEMCO. PEMCO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
IN NO EVENT WILL PEMCO, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED PEMCO ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF THE SITES OR A LINKED WEB SITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. IN NO EVENT SHALL THE AGGREGATE LIABILTY OF PEMCO, WHETHER IN CONTRACT, WARRANTY, OR TORT, ARISING OUT OFTHE USE OF PEMCO’S SITES EXCEED $5.00 OR THE COMPENSATION YOU PAID PEMCO FOR THE USE OF OUR SITES, WHICHEVER IS LESS.
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.
PEMCO 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 PEMCO, its affiliates, officers, employees and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of: 1) your access to, or use of, the Sites, the Services, or any of the Sites’ content in a manner other than as expressly authorized by the Terms and Conditions; 2) your breach of the Terms and Conditions; or 3) your violation of applicable laws or any rights of any third party.
Except to the extent otherwise set forth in the Terms and Conditions, these Terms and Conditions set forth the entire understanding between PEMCO and you with respect to your access to, and use of, the Sites and their Content and supersedes all prior or contemporaneous understandings regarding access and use.
Failure by PEMCO, in any instance, to exercise any of its rights under the Terms and Conditions will not constitute a waiver of such right or any other rights under the Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Washington, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving King County in the State of Washington in the event of any dispute of any kind arising from or relating to the Sites or Services, or your use or review of it. The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter they address, and they supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall be severable from the remaining provisions which shall remain valid and in effect to the fullest extent possible.
Subject to applicable law, and at any time, we may amend these Terms and Conditions (including by modification, deletion or addition of any portion of them). It is your responsibility to check our website from time to time for the latest version of our Terms and Conditions. The most current version of these Terms and Conditions supersedes all previous versions.
PEMCO Mutual Insurance Company
325 Eastlake Avenue East
Seattle, WA 98109
These Terms and Conditions were last modified on April 15, 2013.