Effective Date: 10/08/2014
These Terms of Use (“Terms”) apply to Protective Insurance Corporation, including its subsidiaries and affiliates, (collectively referred to in these Terms as “we,” “our” and “us”) and governs your access and use of the following websites (collectively, “Websites”):
- www.baldwinandlyons.com
- www.protectiveinsurance.com
- www.protectivespeciality.com
- www.protectivere.com
- www.blbrokerage.com
- www.raceweekend.com
- www.claimsandsafety.com
- www.ptclaimsandsafety.com
- http://golf.baldwinandlyons.com
- www.sagamoreinsurance.com
- www.sagamoreinsured.com
- www.sagamoreartisan.com
- www.quillsafety.com
Your Consent: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITES. Access to and use of the Websites is conditioned on your acceptance of and compliance with these Terms. By using the Websites you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Websites.
Intellectual Property: All pages within the Websites and any material made available for download are the property of the owner of the respective Websites. The Websites, including any original content, features and functionality, are and will remain the exclusive property of the intended owners. The Websites are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Your Use of the Websites: As a condition of your use of the Websites, you warrant that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms, such as conduct that is defamatory, libelous, threatening or harassing, or that infringes on our intellectual property or other proprietary rights. You agree that any information you provide through the Websites will be truthful and accurate.
Credit Card, Debit Card and Electronic Fund Transfer Payments: Where permitted, you may use your credit card, debit card or electronic transfer of funds for payment purposes through the Websites. You must be over the age of eighteen to use this payment service. Please note that the completion of a payment transaction is contingent upon the authorization of payment by the applicable credit card company, debit card or electronic funds transfer provider and acknowledgement of payment by the payee. In any event, you remain solely responsible for your premium payments to the payee.
Indemnification: You agree to defend, indemnify and hold harmless us, and any licensee and licensors, including employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Websites, or b) a breach of these Terms or the Privacy Policy.
Limitation of Liability: To the extent permitted by law, we disclaim liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages) in any way arising from the functionality, operation or use of the Websites (including, but not limited to, damages arising from interruptions of service, delays in operation or transmission, or unauthorized access or disclosure of personally identifiable information), even if we are expressly advised of the possibility of such damages.
Disclaimers: Your use of the Websites is at your sole risk. The Websites are provided on an "AS IS" and "AS AVAILABLE" basis. The Websites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, security, or course of performance. To the extent permitted by law, we make no warranties or representations that a) the Websites will function uninterrupted, b) the Websites will be secure or available at any particular time or location; c) any errors or defects in the Websites will be corrected; d) the Websites or the servers that make the Websites available are free of viruses or other harmful components; or e) the results of using the Websites will meet your requirements. We may change any programs or products mentioned on the Websites at any time without notice. Additionally, all insurance products referred to in the Websites are subject to availability and qualifications. Please be advised that additional product terms, conditions, and exclusions not described in the Websites may apply. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITES IS TO STOP USING THE WEBSITES.
Termination: Access to the Websites may be terminated or suspended immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions. By using the Websites, you irrevocably and unconditionally (1) submit to personal jurisdiction in the State of Indiana and consent to venue in Marion County, (2) waive any objection to the jurisdiction and venue in the State of Indiana and Marion County, and (3) agree not to plead or claim in any such court that any suit, action or proceeding has been brought in an inconvenient forum.
Non-Waiver: Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Merger: These Terms and the Privacy Policy constitute the entire agreement between us and you regarding the Websites, and collectively supersede and replace any prior agreements regarding the Websites.
Changes: We reserve the right in our sole discretion to make changes to these Terms at any time by giving notice to you on this page. It is strongly recommended to check this page often, referring to the effective date above. If you object to any changes to these Terms, you must cease using the Websites. Continued use of the Websites means that you have read and agree to the revised Terms.
Class Action Waiver: By accessing or using the Websites you agree to waive any right to pursue any dispute against the owner of the Websites on a class wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
Notice of Applicability to Children: The Websites are not intended for access and use by any individual under the age of thirteen.
Severability: If any provision of these Terms is deemed unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.
Contact: Should you have any questions regarding these Terms, please submit your question in writing to the following address:
ATTN: Legal Department
Protective Insurance Corporation
111 Congressional Boulevard, Suite 500
Carmel, IN 46032
California Certificate of Authority Numbers
Protective Insurance Company: No. 1689-9
Sagamore Insurance Company: No. 3251-6