Policyholder Service Center Terms and Conditions of Website Use

 

The words "you" and "your" refer to the Policy Owner and anyone granted access to this website by the Policy Owner. The words "we", "us", and "our" refer to GUARD Insurance Group, Inc., its subsidiaries, and affiliates.

 

GUARD Insurance Group, Inc. and its subsidiaries and affiliates (collectively "GUARD") reserves the right to modify these Terms and Conditions at any time by updating this posting or the information on its website without additional notice. Continued use of this website by you will constitute your acceptance of any revisions to these Terms and Conditions. You are bound by any such revisions and should therefore regularly visit this page to review the then current Terms and Conditions to which you are bound.

 

The material provided on the website, including the information and any images incorporated in the site, is for your personal private non-commercial use only. You may not modify, republish, or post anything you obtain from this website, including anything you download from the site, unless you first obtain our consent. You may not to engage in systematic retrieval of data or other content from GUARD.com. We request that you not create any kind of hyperlink from any other site to ours unless you first obtain our permission.

 

All trademarks, service marks, trade names, logos, icons, and domain names are proprietary to GUARD. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, logos, icons, and domain names displayed on this website without the written permission of GUARD. Your use of the trademarks, service marks, trade names, logos, icons, and domain names displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either used with permission, or are the property of GUARD, and the use of these images by you or anyone else authorized by you is strictly prohibited.


Due to possible linguistic differences, advertising statements in Spanish may not necessarily reflect the content of the policy written in English. In the event of a dispute concerning policy terms, the policy written in English will apply.

LIMITATION OF LIABILITY


GUARD WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS WEBSITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF (OR INABILITY TO USE) THE WEBSITE; (2) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM ITS WEBSITE; (3) FAILURE OF PERFORMANCE; (4) ERROR; (5) OMISSION; (6) INTERRUPTION; (7) DEFECT; (8) DELAY IN OPERATION OR TRANSMISSION; (9) INCOMPLETE OR GARBLED TRANSMISSION; (10) COMPUTER VIRUS; (11) HARDWARE OR SOFTWARE FAILURE; OR (12) LINE OR SYSTEM FAILURE.


IN NO EVENT WILL GUARD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONSULTANTS, SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WEBSITE OR ITS LINKS. IT IS YOUR RESPONSIBILITY TO NOTIFY GUARD OF ANY CHANGES TO ANY E-MAIL ADDRESSES AND TO ADHERE TO THE ORIGINAL OR ANY CHANGED OR UPDATED SYSTEM REQUIREMENTS. FURTHERMORE, EXCEPT AS PROVIDED BELOW, WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES-OR BOTH.


HOWEVER, IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL NOT BE GREATER THAN THE AMOUNT YOU HAVE PAID TO ACCESS OUR SITES.
YOU MUST DEFEND, INDEMNIFY, AND HOLD HARMLESS GUARD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONSULTANTS, SUBSIDIARIES, OR AFFILIATES, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF THE USE OF THE GUARD WEBSITE.

DISCLAIMER


THE MATERIAL ON OUR WEBSITES IS PROVIDED "AS IS". GUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GUARD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES THAT: (1) THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT OUR WEBSITE, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONDITIONS; (4) THAT INFORMATION PROVIDED BY THIS FEATURE WILL NOT BE INTERCEPTED BY OTHERS AND DECRYPTED; OR (5) THAT INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, RELIABLE, OR COMPLETE AS OF ANY PARTICULAR DATE. THIS DISCLAIMER APPLIES TO BOTH ISOLATED AND AGGREGATE USES OF THE WEBSITE INFORMATION. YOU (AND NOT GUARD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.


We sometimes provide access to other World Wide Websites from our websites or you may have reached our website from another site. However, we do not endorse or approve any products, services, or information offered to you at websites you may reach from our sites or from which you may have reached our website. The Uniform Resource Locator (URL) address in your web browser will tell you if you are still in the GUARD website or have moved elsewhere.


The information appearing on the website is for informational purposes only and does not constitute an offer to sell or buy any product or service that may be referenced or described on this website. By providing material on our website, GUARD does not in any way promise that the materials will remain available to you or that you will continue to qualify for the products we offer. Nothing in this website should be construed as rendering tax, legal, investment or accounting advice. GUARD is entitled to terminate all or part of any of its websites at any time, without notice to you.


When you select a password and sign-up in order to access GUARD's online policyholder services, you agree to the following conditions:

JURISDICTION


These Terms and Conditions shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. Any disputes arising from or related to these Terms and Conditions shall be heard in the Court of Common Pleas of Luzerne County, Pennsylvania. We do not in any way imply that the materials on the websites or the products we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business or that we are soliciting business in any such jurisdiction.

INFORMATION COLLECTION POLICIES


Some pages on this website collect information directly from individuals who volunteer to use our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary. If you do nothing during your visit to the website but browse or download information, some pages may automatically collect and store the following information about your visit:

  1. The Internet Protocol Address, domain name, and email address used.

  2. The type of browser and operating system you used.

  3. The date and time you visited this website.

  4. The web pages or services you accessed at this site.

  5. The website you visited prior to coming to this website.

  6. The website you visit as you leave this website.

  7. If you downloaded a form, the form that was downloaded.

MISCELLANEOUS

 

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the other provisions hereof. If any provision of these Terms and Conditions is determined by a court or arbitration panel to be unenforceable, such provision shall be deemed severable, and these Terms and Conditions may be enforced with such provision severed or modified by any such court or arbitration panel. These Terms and Conditions shall be deemed automatically amended to include any provisions required by present or future applicable laws or regulations.

 

You shall not assign these Terms and Conditions without the prior written approval of GUARD.

 

The failure of GUARD to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.

 

GUARD encourages you to save communications and notices whether they are sent by electronic message or posted on the website.

 

By accessing GUARD's websites and GUARD's online policyholder services, you agree to these Terms and Conditions of Website Use.