General Terms of Use
Last Modified: August 6, 2021
Introduction
This document explains the terms of use by which you may use the Safety Insurance website, www.safetyinsurance.com (the “Safety Insurance site”) and the related software and online services provided on or in connection with the same, including the My Account platform (collectively, the “Services”). The Services are made available for your use by Safety Insurance Group, Inc., and its insurance company subsidiaries, Safety Insurance Company, Safety Indemnity Insurance Company, Safety Property and Casualty Insurance Company, and Safety Northeast Insurance Company (collectively, “Safety Insurance”) pursuant to the terms and conditions set forth herein. Additionally, your use of the online services portion of the Services, which includes, but may not be limited to the My Account platform (the “Online Services”), also is subject to the Online Services Terms of Use set forth below. The term “Terms of Use”, as used herein, includes both the General Terms of Use and the Online Services Terms of Use.
By accessing and making use of the Services, you agree to be bound by these Terms of Use, so please read them carefully. If you do not agree with these Terms of Use, you are not authorized to use the Services and your sole remedy is to cease your use of the Services.
The content of the Services and these Terms of Use may be modified by Safety Insurance, at any time, without prior notice to you. It is your responsibility to periodically review the current Terms of Use which govern your continued use of the Services. Each and every time you access the Services, you will be deemed to have agreed to the then current Terms of Use.
The Services present information and content that is owned or licensed by Safety Insurance. When used in these Terms of Use, “we”, “our” and “us” mean Safety Insurance.
Use of the Services by Non-U.S. Persons
Safety Insurance makes no claims that the content of the Services is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Use of the Services by Children Under the Age of 13
The Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Services. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on or through the Services.
Privacy Policy
Your personal information that Safety Insurance may collect is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference.
Reporting a Claim through the Services
If you have an active insurance policy with Safety Insurance, you may report a claim through the Services using the Report a Claim feature in My Account. Under any other circumstances, to report a claim, you should call us or your independent insurance agent.
Content of the Services
In certain areas of the Services, we provide helpful information about commonly used insurance terminology, frequently asked insurance questions, and our insurance products. Information presented on these pages is subject, in all respects, to the terms, conditions and limitations of our insurance policies. In the unlikely event that there is a conflict between an actual insurance policy and any statement in the Services, the terms, conditions and limitations of our insurance policy will govern.
As with all financial matters, you should exercise great care in using the information provided on, or available through links from, the Services. Nothing in the Services should be construed as rendering tax, legal, investment or accounting advice.
The insurance company subsidiaries of Safety Insurance are licensed, and focused on customers, in Massachusetts, New Hampshire and Maine. Nothing in the Services is intended or should be construed as a solicitation or offer to sell insurance products in any jurisdiction in which those insurance companies are not properly licensed.
Ownership and Use of Content of the Services
All of the information and content on the Services, including but not limited to all text, graphics, software applications, video and audio files, and photos (collectively, “Content”) is owned, copyrighted, or licensed by Safety Insurance and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. Safety Insurance’s logos and all other service marks are service marks of Safety Insurance.
The Services are for your private, non-commercial use, without alteration by you. Except as otherwise previously expressly permitted in writing by Safety Insurance, no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may download material displayed on the Services for your use only and provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, create derivative works, modify, transmit, reuse, repost, link or use the content of the Services for any public or commercial purposes, including the text, images, audio and video thereon, without Safety Insurance’s prior express written permission.
Changes to the Services
We may, without prior notice and without liability to you: (i) change the Services; (ii) stop providing the Services or certain features of the Services, to you or to users generally; or (iii) create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any or no reason, including if in our sole determination you violate any provision of these Terms of Use.
Limited License
Subject to these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by these Terms of Use and the features of the Services. Safety reserves all rights not expressly granted herein in the Services. Safety may terminate this license at any time for any reason or no reason. These Terms of Use also govern any updates to, or supplements or replacements for, the Services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Hyperlinks
From time to time, for your convenience, Safety Insurance may provide links to third party websites, or permit third parties to link to the Services. Links to or from a third party website, whether provided by Safety Insurance or not, do not imply any affiliation between Safety Insurance and the third party website owner, or an endorsement, approval, or verification by Safety Insurance of any content available on such third party websites. Safety Insurance does not periodically review these third party websites and we are not responsible or liable for the functionality, or the accuracy, completeness or propriety of any information available on those third party websites. By providing access to third party websites, Safety Insurance is not recommending the purchase of any products or services available on the third party websites, nor are we liable for any products or services you purchase from any such third parties.
When you click on a hyperlink to a third party website, you may leave the Services. Any personal information you submit on the third party website will not be collected or controlled by Safety Insurance and will be subject to the privacy policy of the third party website. Please review the privacy policy of the third party website for more information on their privacy practices.
No Warranty
WE WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THE SERVICES; HOWEVER, THE CONTENT ON THE SERVICES, INCLUDING GRAPHICS, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SAFETY INSURANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR WARRANTIES OF NON-INFRINGEMENT. SAFETY INSURANCE MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICES WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE; (III) ACCESS TO THE SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR USEFUL; OR (V) DEFECTS WILL BE CORRECTED. YOU (AND NOT SAFETY INSURANCE) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING THE SERVICES. SAFETY INSURANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT ALSO COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER PUBLICATION. Safety insurance undertakes no obligation to keep any such information current. Safety Insurance endeavors to maintain the SERVICES and THEIR operation, but is not, and cannot be, responsible for the results of any defects that may exist in THE SERVICES or THEIR operation.
THE INTERNET IS AN OPEN SYSTEM. THEREFORE, SAFETY INSURANCE CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION ENTERED BY YOU IN THE SERVICES WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD SAFETY INSURANCE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED BY YOU THROUGH THE SERVICES.
TO THE EXTENT, IF ANY, THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE THROUGH THE SERVICES, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS THROUGH THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM LEGALLY REQUIRED.
No Liability
IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT, UNDER NO CIRCUMSTANCES, SHALL SAFETY INSURANCE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, OR LOST PROFITS, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR ANY WAY RELATED TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR USE, REFERENCE TO OR RELIANCE ON ANY MATERIALS OBTAINED ON OR THROUGH THE SERVICES (OR ANY OTHER LINKED WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE THROUGH THE SERVICES (OR ANY OTHER LINKED WEBSITE). SAFETY INSURANCE SHALL NOT BE LIABLE EVEN IF SAFETY INSURANCE OR ANY AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
Choice of Law
These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.
Dispute Resolution and Arbitration; Limitation on Time to File Claims
For any dispute between you and Safety Insurance related to the Services, you agree to first contact Safety Insurance and attempt to resolve the dispute with us informally. In the unlikely event that Safety Insurance is not able to resolve a dispute within sixty (60) days of receiving notice from you about the dispute, you and Safety Insurance each agree to fully and finally resolve any dispute, claim or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with these Terms of Use, or the breach of alleged breach thereof (collectively, “Claims”), by binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law. Nothing in this section shall be deemed as preventing Safety Insurance from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Any Claim you may have arising out of or relating to these Terms of Use or the Services must be commenced within one (1) year after the Claim accrues; otherwise, such Claim is permanently barred.
Waiver of Class Action/Jury Trial
All claims related to your use of the Services or these Terms of Use must be brought in your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree that you and Safety Insurance each are waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Severability
If any provision of these Terms of Use shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for the remaining provisions and shall not affect the validity or enforceability of any remaining provisions.
Entire Agreement
These Terms of Use constitute the entire agreement between Safety Insurance and you, and they supersede any and all prior or contemporaneous agreements, whether written or oral, between Safety Insurance and you, relating to the Services.
Online Services Terms of Use
Your use of the online services portion of the Services, including but not limited to your use of the My Account platform (the “Online Services”), additionally is subject to the following Online Services Terms of Use.
Username and Password
In order to use the Online Services, you may be required to select a username and password. When you select a username and password and enroll in order to access the Online Services, you agree to the following conditions:
- Safety Insurance is authorized to act on instructions received under your username and password without any obligation to question or otherwise verify those instructions;
- Safety Insurance is not liable for any unauthorized access to your personal information that is not directly due to negligence of Safety Insurance;
- Your username and password constitute sensitive information and you are solely responsible for keeping them confidential and secret;
- You will notify Safety Insurance immediately if you believe anyone else has learned your username and password, or if you believe an unauthorized access to the Services or your personal information using your username and password has occurred, or may occur;
- Safety Insurance may deny access or block any transaction made under your username and password without prior notice to you if we believe your username and password are being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so; and
- Violating the Terms of Use of the Services may lead to a revocation of your access privileges.
SAFETY INSURANCE WILL NOT BE LIABILE FOR ANY LOSS OR DAMAGES OF ANY KIND THAT MAY ARISE AS A RESULT OF SOMEONE ELSE USING YOUR USERNAME AND PASSWORD OR YOUR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU MAY BE HELD LIABILE FOR ANY LOSSES INCURRED BY US OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR USERNAME AND PASSWORD OR YOUR ACCOUNT.
Security
While Safety Insurance provides certain internet security technologies and uses other reasonable precautions to protect confidential information and to provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error. You acknowledge and agree that you will not transmit any materials that contain viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by Safety Insurance.
Personal Information
Features of the Services may use, maintain, or transmit personal information, including without limitation, user names, passwords, proper names, email addresses, addresses, location, driver’s license numbers, financial information (including credit card information) and GPS location information (collectively the “Information”). By acknowledging and agreeing to these Terms of Use, or by using the Services, you consent to the transmission of the Information to Safety Insurance, including its agents and third-party partners, and consent to Safety Insurance, including its agents and third party partners, receiving, collecting, storing, processing, transmitting, and using the Information for functionality of the Services and for the purposes disclosed in our Privacy Policy.
You are solely responsible for the confidentiality and security of the Information sent from or stored on your mobile device by the Services. You are also solely responsible for all transactions and activities undertaken by anyone or anything through the Services, whether authorized or unauthorized. You agree to immediately notify Safety Insurance of any suspected unauthorized transactions associated with the Services or any other breach of security. Safety Insurance shall not be responsible for any losses arising from the financial loss or theft of the Information due to unauthorized or fraudulent transactions related to the Services. You shall be solely responsible for taking precautionary steps to protect the Information stored on your mobile device.
Software Licenses
You acknowledge that any software available or provided to you on the Services may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. Safety Insurance does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States export controls laws and regulations.
Goods and Services Provided by Third Party Merchants
Safety Insurance will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant, or a merchant’s products or services, accessible through the Online Services. All matters, including but not limited to the delivery of goods and services, returns, and warranties are solely and strictly between you and the third party merchant. You acknowledge that Safety Insurance does not endorse or warrant any third party merchants, merchant offers, or goods and services that are purchased or accessible through the Online Services from third party merchants. Any savings advertised through the Services vary by merchant. Certain limitations, restrictions and exclusions may apply to any such offers. We reserve the right to modify or discontinue any offers by third party merchants at any time without notice to you and we shall not be liable to you or any third party should we exercise our right to do so. Safety Insurance makes no warranty regarding any goods or services purchased or obtained from third party merchants through the Services or any transactions with any third party merchants.
Submission of Content through Online Services
To the extent, if any, that the Online Services allow users to submit “Content” (as defined above under “Ownership and Use of Content”) to the Services, you explicitly agree that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, or give rise to civil or criminal liability; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; or (c) provide or use the Services and any Content or service in any commercial manner.
By providing any Content to the Services: (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part in any form, media, or technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the foregoing license; and (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice. We are not responsible or liable to any third party for the content or accuracy of any Content provided by you or any other user of theServices.
Prohibited Uses of Online Services
Use of the Online Services is limited to the contemplated functionality. You may not use the Online Services in any way that:
- Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- Is unlawful, fraudulent, or deceptive;
- Uses technology or other means to access unauthorized content or non-public spaces;
- Uses or launches any automated system or process, including without limitation, “bots”, “spiders”, or “crawlers” to access unauthorized content of non-public spaces;
- Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempts to damage, disable, overburden, or impair Safety Insurance’s servers or networks;
- Attempts to gain unauthorized access to a Safety Insurance computer network;
- Attempts to gain unauthorized access to Safety Insurance’s user accounts;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- Violates these Terms of Use in any manner; or
- Fails to comply with applicable third party terms and conditions or other third party polices.
How to Contact Us
If you have questions about these Terms of Use, you may contact us at:
Legal Department
Safety Insurance Company
20 Custom House Street
Boston, MA 02110