Terms & Conditions
Last updated March 21, 2023
Scope
These Terms of Use (“Terms of Use”) govern your use of the public-facing website of SAFECHOICE INSURANCE COMPANY (“SafeChoice”, “us,” “our”, or “we”) hosted under the domain safechoiceins.com (the “Website”), except as noted below. The Terms of Use describe the terms and conditions for use of the Website and information about your responsibilities when using the Website. Your access and use of this Website constitutes and signals your agreement to be bound by these Terms of Use and any applicable law. These Terms of Use apply only to the use of the Website, and do not change or alter any agreement or contract between you and SafeChoice. If you access or use this Website, you also accept and agree to be bound by our Online Privacy Notice, which may be accessed here.
International Users
The Website is operated and intended for the use of persons residing in the United States only. If you do not reside within the United States, you are not authorized to access or use this Website.
You May Not Use the Website for Certain Purposes
SafeChoice grants you a limited license to access and use the content on this Website solely for your informational, noncommercial use. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website.
In addition, you agree to not do the following while using, or in any connection with the use of, this Website:
- Upload or otherwise transmit or disseminate any message, material, image, data, software, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable, or that may invade another’s right of privacy or publicity.
- Create a false identity for the purpose to mislead or impersonate any person or entity, including but not limited to any SafeChoice representative or agent, or otherwise falsely state or imply your affiliation with such person or entity.
- Upload, transmit or otherwise disseminate files that contain malware, including viruses, Trojan horses, ransomware, worms, time bombs, cancel-bots, corrupted files, or any other software or programs that may damage the operation of another’s computer, information system, data, or property.
- Upload, transmit or otherwise disseminate any material you are not authorized to upload, transmit or otherwise disseminate, including infringement of any intellectual property right, or deletion of any author attributions, legal notices, or proprietary designations.
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise.
- Manipulate or otherwise display this website by using framing, mirroring or similar navigational technology.
- Harvest or otherwise collect information about others, including e-mail addresses, user profiles, and passwords.
You hereby acknowledge and agree that violation, or anticipatory violation, of these Terms of Use may not have an adequate remedy at law, and may be subject to equitable relief, including injunction.
The text, images, information and other material contained on the Website (“Content”) are proprietary to us and/or our partners and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. You agree not to modify, copy, distribute, sell, or re-sell any Content or other information obtained from or through the Website. No right, title or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by SafeChoice.
Termination/Access Restriction
SafeChoice reserves the right, at its sole discretion, to restrict or terminate your access to this Website, and/or any related products or services or portion thereof on this Website or related to it, without notice. SafeChoice reserves the right to take whatever lawful action it may deem appropriate in response to any actual or suspected use of this Website, in violation of these Terms of Use, and/or applicable law. Such actions may include the suspension or termination of the user’s access to this Website and/or to seek injunctive relief. SafeChoice reserves the right to seek all remedies available at law and in equity for violation or anticipatory violation of these Terms of Use.
Third-Party Services
Certain commercial services may be offered by third parties through the Website. SafeChoice is not and will not be responsible for: (i) the terms and conditions of any transaction between you and any such third party; (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing; (iii) the quality of services performed by any such third party, or (iv) any other legal liability arising out of or related to the performance of such services. Because we are not involved in the actual transaction between you and any such third-party, in the event you have a dispute with any such third-party, you release SafeChoice and its affiliates, agents, and employees from any and all claims arising out of or in any way connected with such disputes.
Links to Other Website and Social Media
SafeChoice is not responsible for the practices or policies of the websites or social media platforms linked to or from the Website. If you elect to use a link that accesses another party’s website or a social media platform, you will be subject to that website’s or platform’s practices and policies. When a website or social media platform is linked to or from the Website, it does not imply, suggest, or express any endorsement or recommendation of such website, third party, or any products or services provided in connection with such website. This Website has linked websites for your convenience only. No person or organization may link this Website, or any portion of it, from their own website without the express written consent of SafeChoice. All inquiries to have our Website linked may be directed to: generalinquiries@surechoiceinsurance.com.
Passwords
In order to access certain information on our Website and to protect personal information from being accessed by others, you may be asked to create a password-protected account. You are responsible for maintaining the confidentiality of your username and password. SafeChoice shall not be liable for any loss that you may incur as a result of someone else using your username and password. You may not share your password.
Security
We employ reasonable administrative, technical, and physical safeguards designed to protect personal information. We only allow information to be submitted for transmission if your browser is compatible with our security software. If your browser is not compatible, you will receive a message indicating your transaction cannot be completed because of a security risk.
SafeChoice uses a secure server, security protocols, and security ciphers to safeguard the information you provide by encrypting it using secure transport layer security (TLS). Please note that email messages ARE NOT SECURE. Our security software does not encrypt email messages. Unencrypted email messages traveling through the Internet are potentially subject to viewing, alteration and copying by others. If you believe that the security of any account you might have with us has been compromised, please email generalinquiries@surechoiceinsurance.com.
No Professional Advice or Representation of Eligibility
The content on this Website is intended for general information purposes only as a convenience to you and is not intended as or constitute advice upon which you may rely for legal, professional, financial, or other decisions. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and/or conditions applicable to any product or service, including any insurance policy issued by SafeChoice.
Not all of the products or services described on this Website are available in all states. You may not be eligible for all of the insurance products or services described on this website. SafeChoice, at its sole discretion, reserves the right to determine eligibility for such products or services.
Limitations of Liability
You understand and agree that neither SafeChoice nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Website or the information resources contained or accessible through the Website. The access to and use of the Website and the Content is solely at your own risk. SafeChoice assumes no liability for ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF DATA OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE WEBSITE. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use and the Website would not be provided to you absent such limitations.
Disclaimer of Warranty
The Website and the Content are provided on an “as is” basis. SAFECHOICE, ITS LICENSORS, AND ITS PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Indemnification
You agree to indemnify, defend and hold harmless SafeChoice, as well as its officers, directors, employees, attorneys, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising (directly or indirectly) from your use of the Website or any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the site to you or others, you agree to be responsible for and indemnify any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising (directly or indirectly) from that disruption. SafeChoice reserves the right to assume exclusive defense and control of any defense or matter otherwise subject to indemnification or defense of SafeChoice. In such case, you agree to cooperate with SafeChoice fully.
Legal Provisions
If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect. The section headings are for convenience only and do not have any force or effect. These Terms of Use and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of New York, without regard to its conflicts of law principles.
Any controversy or claim arising out of or in connection with these Terms of Use or access or use of the Website shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in New York and judgment on the arbitration award may be entered in any court having jurisdiction.
These Terms of Use, SafeChoice’s Online Privacy Policy, and any other policies that SafeChoice may post on this Website constitute the entire agreement between SafeChoice and you in connection with your use of this Website, and any content herein. This agreement supersedes any prior agreements between SafeChoice and you regarding use of this Website and Content herein, including prior versions of these Terms of Use.
Updates to these Terms of Use
From time to time, we may modify or update these Terms of Use at our sole discretion. Any such modification shall be effective immediately upon posting and without notice. We encourage you to review these Terms of Use frequently for such changes. These Terms of Use were last updated on the date listed above.
How to Contact Us
If you have questions about these Terms of Use, you can contact us by email at generalinquiries@surechoiceinsurance.com.
