These Terms of Use set forth the terms and conditions applicable to your use of this application provided to you by Plymouth Rock Assurance (“we,” “us,” or “our”). By downloading, installing, and/or using this Application, you accept, expressly consent, and agree to be legally bound by these Terms of Use. This agreement is between you and us. If you do not completely agree with these Terms of Use, you are not permitted to download this Application or use it in any manner.
Plymouth Rock Assurance is a marketing and brand name used in Massachusetts and Connecticut by Plymouth Rock Assurance Corporation and in New Jersey by Plymouth Rock Management Company of New Jersey on behalf of High Point Property and Casualty Insurance Company, Teachers Auto Insurance Company of New Jersey, Palisades Safety and Insurance Association, and their affiliates.
In consideration of our providing you access to and/or use of this Application, the sufficiency of which consideration is hereby agreed to, you and we further agree as follows:
Important Claims Information: You do not have to be policyholder to use this Application, but you do need to be a policyholder to communicate with us regarding a motor vehicle accident. If and whenever you may send us any communication through this Application that you have been involved in a motor vehicle accident or may otherwise desire to file a claim under your insurance policy, we will endeavor to contact you within a reasonable time after receipt of your message. You may provide such information, and we will endeavor to contact you, only if you have included in your profile your correct contact information and a correct policy number for an auto insurance policy issued by us or one of our affiliates. By using this Application to inform us of a motor vehicle accident or other circumstances that may result in a potential claim, you undertake to provide us with sufficient information to allow us to initiate an investigation. YOU ACKNOWLEDGE AND AGREE, HOWEVER, THAT THE USE OF THIS APPLICATION ALONE TO COMMUNICATE WITH US DOES NOT IN AND OF ITSELF CONSTITUTE NOTICE OF A CLAIM. Therefore, if you do not receive any contact from us within a reasonable time after sending us information through this Application, you must contact us through another method in order to make a claim. YOU ALSO AGREE THAT YOU SHALL NOT SEND US ANY DRIVER’S LICENSE NUMBERS, STATE-ISSUED IDENTIFICATION CARD NUMBERS, SOCIAL SECURITY NUMBERS, FINANCIAL ACCOUNT NUMBERS, OR CREDIT OR DEBIT CARD NUMBERS THROUGH THIS APPLICATION.
Communication Charges: You are solely responsible for any and all telecommunication or other connectivity charges incurred through your use of this Application.
Privacy Policy: Personal information which you may provide to us or our designees is governed by our Privacy Policy as it may be updated from time to time, which may be accessed at plymouthrock.com.
Location Data: You acknowledge and agree that your use of some features of this Application may attempt to provide us with your physical location from time to time. Most browsers or devices will permit you to prevent our receiving information regarding your physical location. If you would like to prevent the transmission of such location information, it is your responsibility to so program your device. If you allow us to receive location information we may use that information for the purpose of determining the location of an accident or to help you find nearby third-party services.
Third Party Merchants: This Application may display location data for, or other information about, various third-party merchants, including, but not limited to, vehicle repair shops, towing services, and car rental services. Display of such information does not constitute a recommendation, endorsement, guarantee, or warranty by us of the products or services of any such third-party merchants. We 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, of which you become aware through this Application. 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.
Email Communications: You agree to receive communications from us by email. Although we may share your name and email address with our corporate affiliates, we will not sell or rent your name or e-mail address to unrelated third-parties without your consent. You may revoke your consent to receive email messages at any time by using the unsubscribe feature contained in any email communication from us, in which case we will discontinue delivery of emails to you within a reasonable time (not to exceed ten business days) after receipt of your revocation.
No Warranty: Reasonable steps have been taken to ensure the accuracy of the information presented in this Application. However we are not responsible for errors or omissions or for the consequences of the information provided. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THIS APPLICATION, ITS SERVICES, FUNCTIONS, FEATURES, OR CONTENTS. Any practice described in this Application should be applied by the user in accordance with applicable standards of care used in regards to the unique circumstances that may apply in each situation. It is the responsibility of every person utilizing the information in the Application to evaluate the appropriateness of the content of the Application in the context of the actual situation and with due considerations to new developments.
We do not warrant or make any representation regarding the use or the results of the use of the material, information, graphics or other resources in the Application. YOU ASSUME RESPONSIBILITY FOR THE RESULTS OF YOUR USE OF THE REFERENCE MATERIAL, INFORMATION, GRAPHICS, AND OTHER RESOURCES PROVIDED IN THE APPLICATION.
WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THIS APPLICATION FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. We hereby disclaim all warranties and conditions with regard to such information, products, services, and related graphics, including all express and implied warranties and conditions of merchantability, and fitness for a particular purpose.
Limitation of Liability: IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURIES, DEATH, DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL REGARDLESS OF CAUSE AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE AND OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS APPLICATION OR THE MATERIALS AND INFORMATION CONTAINED IN THIS APPLICATION EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, or destruction of data, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. We disclaim all liability and responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed in this Application.
YOU ASSUME SOLE RESPONSIBILITY FOR THE USE OF THE INFORMATION, SERVICES, FEATURES, FUNCTIONS, AND RESOURCES CONTAINED IN THIS APPLICATION. Your use of this Application and the materials contained herein is at your own risk. If you are dissatisfied with any portion of this Application, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Application.
Informational Purpose Only: All information provided in this application/program is for educational, referential, and informational purposes only. The information is not intended for auto repairs, auto insurance, diagnosing, prescribing, treating, or preventing any damage, injury or illness or to replace expert care by a qualified medical practitioner, mechanic, attorney or police personnel. Consult a mechanic regarding any issues with automotive repairs. Consult an attorney or police personnel regarding legal issues. Consult a medical doctor or practitioner regarding any treatment for a medical condition. You are encouraged to read all available material, learn as much about the subject mater, and to apply the information in this application/program to your individual needs in consultation with professionals as appropriate.
Ownership and Use of Content: All of the information and content on this Application, including but not limited to all text, graphics, software applications, video and audio files, and photos (“Content”) is owned, copyrighted, or licensed by us and/or our affiliated companies. Our logo, all other service marks, and the names of the various products and services described within are service marks of the us or our affiliates. The use of the Content for any purpose not intended by this Application, or any other republication or redistribution of the Content, is expressly prohibited without our prior written permission.
Hyperlinks: We may provide links in this Application to third party web sites. Links to a third party site do not imply any affiliation between us and the site owner, or an endorsement, approval, or verification by us of any content available on such third party sites. We do not periodically review these third party sites and we are not responsible or liable for the accuracy or completeness of the content on any such third party sites. By providing such links we are not recommending the purchase or sale of products or services provided by the sponsoring party of any linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this Application upon request from the owner of the linked site.
Governing Law; Venue: These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without reference to its conflicts of laws principles. Jurisdiction over all legal proceedings arising out of these Terms of Use shall be in the Courts of the Commonwealth of Massachusetts or the United States District Courts for Massachusetts, and venue shall be vested in the Massachusetts Superior Court in Suffolk County, or the United States District Court located in Boston, Massachusetts. You accept the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objections to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any action in such jurisdiction.
Miscellaneous: You agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable. If you do not think they are reasonable, do not download or use this Application. If any provision of these Terms of Use are found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions.
General Terms and Conditions: Your use of this Application is further governed by the General Terms and Conditions and Online Services Terms and Conditions that are available at http://www.prac.com/terms, as they may be updated from time to time.
Changes: We reserve the right to discontinue this Application and cancel this program at any time. We reserve the right to make changes to this Application and these Terms of Use at any time. Due to actions, some material, graphics, and information may be deleted or modified without advance notice. Changes to these Terms of Use may included superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS OF USE FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. YOUR CONTINUING USE OF THIS APPLICATION CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGE OR UPDATES, ALL OF WHICH SHALL BECOME CONTROLLING WHEN POSTED.
Agreement: BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY: (1) THESE TERMS OF USE; (2) THE GENERAL TERMS AND CONDITIONS AND THE ONLINE SERVICES TERMS AND CONDITIONS ON OUR WEB SITE; AND (3) THE PRIVACY POLICY ON OUR WEB SITE.