Terms of Service and
Last updated: April 1, 2023
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the application and website (collectively, the “App”) (“Services”) provided by And Insurance Inc. and its subsidiaries And Insurance Agency, LLC, a Pennsylvania limited liability company (collectively with And Insurance, Inc., “&insurance,” “we,” “us,” or “our”), so please read these Terms carefully before using the Services.
References to “you” in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to “&insurance ” shall be deemed to have been made to And Insurance, Inc., its successors, assignees, and US subsidiaries and affiliates, as well as any company that controls &insurance, directly or indirectly, and any other subsidiary of that controlling company. &insurance’s family includes, without limitation, And Insurance Agency, LLC, a Pennsylvania resident insurance agency, licensed and appointed to represent And Insurance Company in each state in which &insurance is sold.
Not all of the products or services described on the App are available in all areas of the United States and you may not be eligible for them. We reserve the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Pledge. If you do not agree to these Terms, which incorporates the Privacy Promise by reference please do not access or otherwise use our Services or any information contained herein.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you represent and warrant that: (i) you can form a binding contract with us; and (ii) you are over the age of majority in your jurisdiction. If it comes to our attention through reliable means that a registered user is not over the age of majority in your jurisdiction, we will cancel that user’s account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent and warrant that you are authorized to enter into an agreement on behalf of that legal entity and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do Not Rely on our App for your financial decisions. The content on the &insurance website, app and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You will comply with these Terms.
You acknowledge that (i) the Services contains proprietary information including third party proprietary information, that is protected by law; (ii) we may block, suspend or terminate your use of the Services for your failure to adhere to the Terms; (iii) your ability to use of some features of the Services will cease upon termination of your corresponding insurance policy. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access (other than your User Content), which shall remain with us and our respective licensors.
Open Source Software
Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses.
All right, title, and interest in and to Services including worldwide intellectual property rights therein, are and will remain the exclusive property of &insurance and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to &insurance upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your “Account Information”), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Privacy and Passwords
&insurance values and protects the privacy of your information. Please review &insurance’s Privacy Promise, as it contains important information relating to your use of the Service.
Some portions of the App are protected and require a user identification code (“User ID”) and password for access. Unauthorized access or use of such portions of the App is prohibited. You agree that you will notify &insurance immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. Notify &insurance via email at email@example.com. For your protection, if &insurance believes that any unauthorized access may occur or has occurred, &insurance may terminate your account access without prior notice to you. You also agree that &insurance is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you. You are solely responsible for your own losses or losses incurred by &insurance and others (including other users) due to any unauthorized use of your account that occurred prior to notifying &insurance that your account was compromised.
Linked Accounts and Social Networking Sites
&insurance may, now or in the future, allow you to voluntarily link your account on the Services to your account(s) on third-party services such as Google or Facebook (“Linked Accounts”) for the purpose of simplifying the processes of signing up and logging in to your &insurance account. If you choose to link your account on the Services to a Linked Account, you are authorizing &insurance to store and use your first and last name, profile picture and email address and enable a login to your &insurance account by authenticating you with the Linked Account, and you also authorize us to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts.
The Services may request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to &insurance, you are granting &insurance a license to use the User Content in order to make it available through the Service.
License Grant by You to &insurance
By uploading User Content, you are granting &insurance and its its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the “&insurance Licensees”) a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable &insurance Licensees to operate the Services. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for &insurance to make such User Content available to, and pass these rights along to, others with whom &insurance Licensees has contractual relationships related to the provision of the &insurance service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if &insurance determines such access is necessary to comply with its legal obligations.
When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to &insurance through the App or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) &insurance is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) &insurance shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) &insurance may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of &insurance without any obligation of &insurance to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from &insurance under any circumstances.
User Content Representations and Warranties
You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize &insurance Licensees to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable the use of User Content in the manner contemplated by these Terms, and to grant the rights and license set forth herein, and (ii) your User Content, &insurance or any &insurance Licensee’s use of such User Content pursuant to these Terms, and Company’s or any &insurance Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity of any other person; (c) violate any applicable law or regulation, or constitute any false or misleading advertising or unfair business practice; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms.
No Obligation to Publish
&insurance makes no representations that it will publish or make available any User Content on the Service, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, Company complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice (see section titled “Digital Millennium Copyright Act”, below).
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER CONTENT AND THIRD-PARTY CONTENT FROM A VARIETY OF SOURCES, AND THAT &INSURANCE IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT OR THIRD-PARTY CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT AND THIRD-PARTY CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST &INSURANCE WITH RESPECT THERETO. &INSURANCE DOES NOT ENDORSE ANY USER CONTENT OR THIRD-PARTY CONTENT, OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL &INSURANCE BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER CONTENT OR THIRD-PARTY CONTENT.
Monitoring and Removing User Content
&insurance does not control User Content and does not have any obligation to monitor such User Content for any purpose. Notwithstanding the foregoing, &insurance may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so &insurance nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content, and &insurance assumes no responsibility for the conduct of the User submitting any User Content. You acknowledge that &insurance may or may not pre-screen User Content, but that &insurance and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, &insurance and its designees may, at any time and without prior notice, remove any User Content that in the sole judgment of &insurance violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Content. You should exercise your independent discretion and judgment before downloading any other User Content.
Do not misuse our Services. You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Promise; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith. You agree not to use the App in a way that will distract from and/or interfere with your driving.
By using the Services you agree not to: (i) create an account for anyone other than yourself (unless you represent a company, organization, legal entity or brand); (ii) verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise threaten to harm any employee or agent of the company; (iii) attempt to use another person’s account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” “cache,” “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the App; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; (xxii) interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software; and/or (xxiii) otherwise violate the Terms.
By accepting the receipt of electronic transmissions, you voluntarily agree to have all records, including your current and future insurance related documents, provided to you in electronic form. Insurance related documents include, but are not limited to:
- Your insurance policy and all documents, notices and correspondence related to your insurance policy. This could include ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
- Bills, billing notices, payment schedules or any other correspondence related to premium payments;
- Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
- Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
- Any other documents related to your insurance transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our website or app. For this second option, you may need to log-in to access the information.
This consent, unless withdrawn, applies to all transactions between you and &insurance. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form at no charge.
To withdraw your consent, you can email us any time at firstname.lastname@example.org with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth, the effective date of your withdrawal and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form.
To change or correct your email address, you can email us at email@example.com with the following subject line “EMAIL ADDRESS UPDATE”. The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth and the updated email address. Note our website address is www.andinsurance.com.
Hardware and Software Requirements: In order to receive, access, view, sign and retain electronic transmissions that we make available to you, you must have a personal computer or electronic device with internet connectivity and each of the following:
- Browser support of Firefox 59 or higher, Safari 10 or higher, Chrome 54 or higher;
- Ability to view the disclosures on your monitor, which can be done with your internet browser;
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
- A valid e-mail account with an Internet service provider. ; and
- Ability to read .pdf files.
- iOS version support 13.0 or higher. iPhone Device support 6S or higher, including SE.
- We don’t support iPads, but you can still run the app on iPad mini 2 or later.
- App requires a working microphone, front and rear cameras in order to file a claim.
- Android version support 5.0 or higher, can run on any Android device that runs this version.
- App requires internet connection, storage, location, camera, microphone and vibration permissions.
We will update you if there are any changes to the hardware or software requirements that could impact your receiving or consenting to electronically delivered transmissions.
Third Parties’ Links, Websites, and Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
Google Maps presented to you through the Service are powered by Google. Your use of such Google Maps is subject to the Google Maps Terms of Service, available online athttps://developers.google.com/readme/terms, and by using the Service, you are agreeing to be bound by such terms
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
Limitation of Liability
To the maximum extent permitted by law, the Services are Available “As Is.” Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, &INSURANCE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) &INSURANCE DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM &INSURANCE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT FOR ANY DAMAGES RESULTING FROM A DATA BREACH RELATED TO THE PERSONAL DATA COLLECTED BY THE APP, &INSURANCE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF &INSURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) &INSURANCE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
&insurance reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account; (iv) your violation of any applicable law; or (v) your negligence or willful misconduct. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms and your use of the Services are governed in all respects by the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws. Any dispute concerning the Services, or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in Philadelphia, Pennsylvania.
We reserve the right to discontinue or modify any aspect of the Services at any time without notice to you unless notice is otherwise required under applicable law. We may take any measures to ensure your compliance with the Terms. These Terms, together with the Privacy Promise, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these do not constitute a waiver of such right or provision.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Company respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Content.
If you upload User Content that contains any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, then you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and grant the rights granted herein. In addition to being grounds for removal of your User Content, termination of your account, and any other remedy Company may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability, the damages for which can be significant.
Copyright Owner Rights
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s Designated Copyright Agent with the following information in writing:
a physical or electronic signature of a 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 on the Service are covered by a single notification, a representative list of such works on the Service; 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 Company to locate the material; information reasonably sufficient to permit Company 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein 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 (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel (or see 17 U.S.C. Section 512) to confirm these requirements and your compliance therewith. It is Company’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, Company will promptly terminate without notice the accounts of Users that are determined by Company to be “repeat infringers.” If Company receives more than three takedown notices regarding a User’s User Content, then that User will be considered a repeat infringer and their account will be terminated.
Any feedback, comments, requests for technical support or other communications should be directed to Company customer service through this form. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Insurance Related Notices
These insurance-related notices provide additional information relevant to the products provided by &insurance. In the event and to the extent these notices conflict with any federal or state laws or regulations, the latter shall govern.
Your Representations and Warranties
You represent and warrant that:
- You do not lack legal capacity to enter into a valid, binding and enforceable contract like an insurance policy;
- Your purchase of an insurance policy using the Services is voluntary; and
- You have an insurable interest in the property or life insured under an insurance policy you purchase using the Services, in that you have a financial or legally sufficient emotional interest that will be adversely affected by the happening of a fortuitous event with respect to which coverage is afforded under the terms and conditions of that insurance policy.
In the case of a life insurance policy, these statements are deemed representations and not warranties, to the extent required under applicable law.
Discounts and Premium Credits
Discounts and premium credits may apply to multi-policy customers on all insurance products underwritten by And Insurance Company.
&insurance s Digital Assistant (AI Andi) functions as an agent of And Insurance Company. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. &insurance may at its sole discretion change the Digital Assistant’s content and information from time to time. At the time of a claim, coverage and benefits will be determined in accordance with the terms and conditions of your insurance policy. We encourage you to read the applicable insurance consumer Guide prepared by the National Association of Insurance Commissioners:
- Life https://naic.org/documents/consumer_guide_life.pdf
- Home https://www.naic.org/documents/prod_serv_consumer_guide_home.pdf
- Car https://www.naic.org/documents/prod_serv_consumer_guide_auto.pdf
Credit and Credit-Based Information
If you are a first time user, please read the following disclosure: In connection with this insurance, we may request and review (from a third-party consumer reporting agency) your credit report or obtain or use a credit-based insurance score, based on information contained in that report. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
If you used our services before and you wish to renew your policy, please read the following disclosure: In connection with this insurance, we may have previously requested and reviewed (from a third-party consumer reporting agency) your credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
Recurring Credit/Debit Card Payments
You understand and agree that we will charge the credit or debit card you use to purchase an insurance policy from us today. Thereafter, we will automatically charge the card monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Your policy is a contract for a set period; the stated term in the case of life insurance and one year in the cases of all other kinds of insurance except car insurance. Your card will automatically be charged for the monthly premium if your policy is on a monthly payment plan. We will do the same for any subsequent renewals of non-life insurance. You may cancel these recurring payments by cancelling your policy on the App. You may also cancel your policy by emailing our customer experience team at firstname.lastname@example.org.
Information you Submit
All information you submit to us for the purpose of obtaining insurance or changing coverage, and for the purpose of claiming insurance benefits is subject to review and verification. &insurance reserves the right to request additional information prior to binding insurance or reaching a decision on a claim. Quotes generated by the &insurance digital platform are based on information you provided and are not a contract, binder, or agreement to extend insurance. Any coverage descriptions available on our website are general descriptions of available coverages and are not a statement of contract. A &insurance representative may be communicating with you regarding your policy or claim. It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please email our customer experience team at email@example.com.
Consent and Authority to Obtain Information
In connection with any claim under your insurance policy, you consent to the release to us by third parties of any and all information and documents – whether or not confidential or non-public – that we deem pertinent to the claim, including but not limited to personally identifiable information, personal financial information, protected health information and any information you have provided to any law enforcement agency. You hereby authorize &insurance as your representative for purposes of obtaining release to us of any such information from third parties. Any such information released to &insurance will be held and used in accordance with our Privacy Promise.
Confidentiality for Pennsylvania Victims of Domestic Violence/Endangered Individuals
The provisions in Pennsylvania Insurance Law, section 2612 sets forth confidentiality protocols for domestic violence victims and endangered individuals and prohibits insurers from discriminating against victims of domestic violence.
According to this law, if any person covered by an insurance policy delivers to the insurer that issued the policy a valid order of protection against a policyholder or other person covered by the policy, the insurer is prohibited for the duration of the order from disclosing to the policyholder or the other person covered, the address and telephone number of the insured, or of any person or entity providing the covered services to the insured. If the covered person is a child, then this right may be asserted by the child’s parent or legal guardian.
The law also provides that no insurer may: refuse to issue or renew, deny or cancel any insurance policy; demand or require a greater premium or payment from any person or designate domestic violence as a prior condition, for which coverage will be denied/reduced. The fact that a person is or has been a victim of domestic violence is not permitted in underwriting criterion.
The law also requires a health insurer, as defined in that section of the law to include an accident and health insurer, to accommodate reasonable requests by a person covered by an insurance policy to receive communications of claim- related information by alternative means or at alternative locations if the person clearly states that disclosure of the information could endanger him or her. If the covered person is a child, then the child’s parent or legal guardian may make the request. The insurer, without the express written consent of the person making the request, is prohibited from disclosing to the policyholder (1) the address, telephone number, any other personally identifying information of the person making the request or child for whose benefit a request was made (2) the nature of the health care services provided; or (3) the name or address of the provider of the covered services.
The request must include an alternative address, telephone number and/or other reasonable methods of contact. The request should be made by emailing a copy of the order of protection to the insurer at firstname.lastname@example.org. In order to revoke a request that has been received and implemented, the requesting person must submit to the insurer a written sworn statement revoking the prior request.
For further information, please contact the Pennsylvania State Domestic and Sexual Violence Hotline. NYS Domestic and Sexual Violence Hotline: 1-800-932-4632 (English and Spanish) In Philadelphia: 1-800-799- SAFE (7233) or dial 211. Deaf or hard of hearing: 711.
You understand and agree that any premium due to you upon cancellation, by you or us, will be refunded to you on the credit or debit card you used to purchase your insurance policy. This includes amounts of five dollars or less.
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