References herein to “PEMCO,” “we,” “our,” or “us” include PEMCO Mutual Insurance Company and its subsidiaries or affiliates, unless the context otherwise requires.
PEMCO offers a variety of information and services online at pemco.com and through our mobile applications(s) for smartphones (the “Sites”), such as access to your personal account, our product information, and self-help tools (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, you agree to be bound by these Terms and Conditions (and any future revisions) as well as any other requirements that may specifically apply to a PEMCO Site or Service. THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
We may revise these Terms and Conditions at any time and at our sole discretion. 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.
User ObligationsYou 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 access to our Sites or Services to you if you violate the Terms and Conditions or other applicable requirements, or if we are investigating suspected violations or other misconduct.
Third Party LinksWe may provide links to other co-branded websites hosted by third parties with whom we have a marketing agreement. Once you navigate off a PEMCO hosted website, PEMCO is not responsible for any of the content on the third party’s website. We do not maintain or sponsor content on these third parties’ websites. PEMCO Sites may also contain links to or from other websites that are not co-branded. These links are offered for your convenience and informational purposes only. We do not review, maintain, endorse, or sponsor any third-party websites. We assume no responsibility for the content of any linked third-party site, or any link contained within a linked site, that is not under our control. PEMCO makes no warranties or representations regarding such third-party 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.
Your PEMCO AccountTo use some Sites and Services, you may be required to complete a registration process and establish an account with PEMCO ("PEMCO Account"), to which these Terms and Conditions apply. As a registered user of the Sites and Services, you will need to establish a password to protect your information. You are solely responsible for maintaining the confidentiality and security of your password and PEMCO Account. You understand and agree that you are responsible for all actions and postings made from your PEMCO Account, and you are responsible for all instructions and information entered through your PEMCO Account user identification and password. Your PEMCO Account is not transferrable. You agree to notify PEMCO immediately if you become aware of any unauthorized use of your PEMCO Account. 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 PEMCO permission to act on instructions and information received under your user identification and password. PEMCO reserves the right to disable or block access to your PEMCO Account if we suspect your user identification and password are being used by someone other than you, or that unauthorized access to your personal information has occurred, or for any other reason within our sole discretion.
Terms and Conditions of Electronic Delivery of Documents
If you have a PEMCO Account, you have the option to receive some or all of your PEMCO bills and policy documents electronically instead of by U.S. Mail, and you will be able to complete some insurance transactions online such as making policy changes, paying your bill, or reporting a claim.
When you log into your Account, you’ll see an option to “Manage my paperless choices.” You can choose to go “paperless” for items like your bill, our privacy notice, and your policy documents. Even when you choose “paperless,” we may choose to send you certain documents in paper format under some circumstances such as technological constraints, system limitations, email delivery issues; suspected fraud; or as required or allowed by law. We reserve the right to update the type of documents you receive electronically at any time, so new choices may be presented in the future.
Once you consent to “paperless,” we’ll send you an email confirming you’ve signed up for that option. When new documents are loaded to your PEMCO Account; we’ll send you an email to the address associated with your PEMCO Account. Your documents are considered delivered once we notify you they are ready to view in your PEMCO Account, or once they are emailed to you. We’ll continue to deliver documents electronically until you notify us that you want to change your delivery preference. You may do that by logging into your Account and changing your “paperless” preferences, or by contacting us by phone, email or chat. You also may request a free paper copy of any of your documents at any time by contacting us.
If an email is returned to us as undeliverable, we’ll notify you via U.S. Mail that your email was undeliverable and that you have new documents available in your PEMCO Account. We will continue to send notices through the U.S. Mail that new documents are available until we have a corrected, valid email address for you.
Your electronic consent to the Terms and Conditions governing electronic delivery is legally binding, and all documents delivered either electronically or by U.S. Mail are considered to be “in writing.” Any transactions made to your PEMCO Account (whether by you or someone else) or electronic disclosures concerning your Account, are governed by your consent. You are responsible to access, download, save, or print your documents. Any technical failure or other problems with your equipment contributing to delay in transmission or any other issue beyond our reasonable control is your sole responsibility.
By agreeing to these Terms and Conditions and clicking the Accept button, you agree that you’ve read, understood, and consented to the terms of “paperless” delivery of documents in accordance with these terms. If you do not agree, do not enroll in “paperless” delivery.
If you have an online account, you have the ability to log into your Account and report a claim online. When you submit a claim online, it is not a guarantee of coverage. An adjuster will be assigned to the claim and will contact you after you submit the claim. Any submitted claim will be reviewed, and coverage verified. If you have questions about the information displayed in your claim information, please contact your adjuster. We reserve the right to request additional information. Submitted claims will be included in your claim history with us and are also reported to Comprehensive Loss Underwriting Exchange (CLUE). Nothing in these Terms and Conditions alters the provisions of any insurance policy you have with PEMCO, and all provisions contained in your insurance policy(ies) remain in effect.
Trademarks, Copyright, and other Intellectual Property; Content on PEMCO Sites
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, copyright or other intellectual property notices or restrictions contained in these Terms and Conditions. The Terms and Conditions and your use of PEMCO Sites and Services convey no right, title, or interest in PEMCO’s intellectual property.
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 or their respective owners or licensees. 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 or that of the respective rights holder.
We may change the PEMCO Sites or delete content (including any user content) or features at any time, in any way and for any or no reason.
Claims of Copyright Infringement
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 we conclude, in our sole discretion, is an infringer. If you believe that any material contained on a PEMCO Site may infringe on your copyright, written notice must be provided containing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification must be submitted to PEMCO’s designated agent to receive notifications of claimed copyright infringement as follows:DMCA Designated Agent: Corporate Compliance
1300 Dexter Ave N, Seattle, Washington, 98109 Phone: 206-628-5839
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:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which PEMCO may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
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 MAY BE 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 application, by doing so you agree to be bound by these Terms and Conditions as well as any other requirements that may specifically apply to the PEMCO mobile application. With your authorized use of a PEMCO mobile application, PEMCO will grant you a limited, revocable, non-exclusive, non-transferable, non-assignable license (the “License”) for the application. Any updates to the application may be subject to additional terms and conditions of the License for which you will be notified and expected to agree in order to continue using the application.
In accepting these Terms and Conditions you agree:
- To use the application solely for your own personal, private, non-commercial use on a mobile device belonging to you;
- You will use the application solely for the purpose of accessing PEMCO Services the application is intended to provide and for no other purpose;
- You are solely responsible for any data charges as a result of your use of the application;
The information you access through a PEMCO mobile application may be more limited than the information available at PEMCO.com website or other PEMCO Sites.
Except as specifically provided in a PEMCO mobile application license, you may not: (i) distribute or make the application available over a network where it could be used by multiple devices at thesame time; (ii) copy the application; (iii) modify, adapt, translate, reverse engineer, make alterations to, decompile, disassemble or make derivative works based on the application, or any other computer software made accessible to you or otherwise used by you to access and use a PEMCO Service; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the application or other computer software to third parties.
PEMCO respects your privacy. For our Privacy and Security practices please see the link at the bottom of our PEMCO Site at www.pemco.com.
Notice of Nonapplicability to Children
PEMCO Sites and Services are not intended for use by children, and any use or access by anyone 13 years old or younger is prohibited.
Modifying and Terminating our Services
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 Account you have, to restrict access to it, or to delete any content posted through your PEMCO Account, with or without notice, for any or for no reason, and without any liability to you.
PEMCO Products and Services
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 may 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 or Service shall be controlled by the latter terms and conditions.
Warranties and Disclaimers
We want you to enjoy the Sites and Services we provide, but, we also want to be clear that they are provided with numerous legal limitations.
ALL INFORMATION AND OTHER MATERIALS PRESENTED ON THE SITES ("CONTENT") 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 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.
Liability for Our Services
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 LIABILITY 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, MECHANICAL 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 any other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold PEMCO, its subsidiaries and 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 applicable Terms and Conditions; 2) your breach of any of the Terms and Conditions; or 3) your violation of applicable laws or any rights of any third party.
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 it may have.
PEMCO operates the Sites from its offices within the United States. We do not represent that content on a PEMCO Site is appropriate or applicable for use in any other country. Access from certain countries other than the United States may be strictly prohibited. You acknowledge and agree that you're accessing a PEMCO Site on your own initiative and at your own risk and will comply with all applicable local laws.
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 from or relating to these Terms and Conditions. The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter they address, and they supersede and replace any 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.
How to Contact PEMCO
PEMCO Mutual Insurance Company
1300 Dexter Avenue N.
Seattle, WA 98109-3571
These Terms and Conditions were last modified in June 2022.