("you" or "your") and Preferred Mutual Insurance Company ("PMIC"). This Agreement applies to and governs (1) your access
to and use of PMIC's website located at: www.preferredmutual.com and any
subdomains thereof and any other sites owned by PMIC (collectively, the "Website"), including any content,
functionality, products and services offered on or through the Website, (2) your registration for and use of PMIC's
insured portal accessible through the Website (the "Portal"), and (3) your downloading, installing or using the
Application, including all related documentation (collectively, the "Application") (the Website, Portal and Application
may be referred to collectively as the "Services").
You (a) acknowledge you have read and understand this Agreement; (b) represent that you are 18 years of age or older;
and (c) accept this Agreement and agree you are legally bound by its terms. If you do not agree to this Agreement, you
must not register for, use, access, download or install the Services, and you must also, if applicable, delete the
Application from your device.
General Use of Services.
- The Website is generally available to users in the general public without registration, and you may
visit and browse the Website without charge or obligation; provided, however, PMIC reserves the right in
its sole discretion to make changes, limit, discontinue, or restrict any portion of the Website at any
time and from time to time, without notice to you. Further, PMIC reserves the right to withdraw or amend
any service, product or material we provide on or through the Website, in its sole discretion without
- To access and use the Portal and Application and the resources they offer, you are required to be a PMIC
customer and register to use the Portal and the Application, as applicable.
- It is a condition of your use of the Services that all the information you provide on or through any of
the foregoing is correct, current, and complete. You agree that all information you provide using the
Website or to register for and use the Portal and Application, including but not limited to through the
herein by reference, and you consent to all actions of PMIC with respect to your information consistent
- If you choose or are provided with a user name, password, or any other piece of information as part of a
security procedure for use of the Services, you are solely responsible for maintaining the
confidentiality of your password and account and for any and all statements made and acts or omissions
that occur through the use of your password and account, including any mail sent and any charges
incurred. Therefore, you must take steps to ensure that others do not gain access to your password,
account or devices used to access your account. You also acknowledge that your account is personal to
you and agree not to provide any other person with access to the Services using your user name, password
or other security information. You agree to notify PMIC immediately of any unauthorized access to or use
of your user name or password or any other breach of security.
Conduct Regarding Use of Services.
Your use of the Services is subject to all applicable laws and regulations, and you are solely responsible for
the contents of your communications through and using the Services. By posting information in or otherwise using
any communications or interactive services that may be available to you on or through the Services, you agree
that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content,
including text, communications, software, images, sounds, data, or other information that: (a) is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates PMIC's
rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) infringes on any
patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d)
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of
unauthorized solicitation; (e) contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any
third party; or (f) impersonates any person or entity, including any of PMIC's employees or representatives. In
addition, you may not use your access or account, as applicable, to breach security of another account or
attempt to gain unauthorized access to another network, server or account. You shall not interfere with anyone
else's use and enjoyment of the Services. Users who violate systems or network security may incur criminal or
civil liability. Without limiting any of PMIC's other rights or remedies, you agree that PMIC may at any time in
its sole discretion terminate or limit your access to the Services and any of its features without prior notice
to you for violating any of the above provisions. In addition, you acknowledge that PMIC will cooperate fully
with investigations of violations of systems or network security at other sites, including cooperating with law
enforcement authorities in investigating suspected criminal violations. You will not access or use the Services
through manual, voice or other physical manipulation, not including application functionality you have
authorized to function in background mode, while you are operating a motor vehicle.
Ownership and Proprietary Rights.
The Services and their contents, features and functionality (including
but not limited to all information, documentation, software, text, displays, photographs, functional aspects,
images, video and audio, and the design, selection, arrangement and organization thereof) (collectively,
"Content"), are owned by PMIC, its licensors or other providers of such material and are legally protected,
without limitation, under United States federal and state, as well as copyright, trademark, patent, trade secret
and other intellectual property or proprietary rights laws, regulations and treaties. PMIC authorizes you to
access Content and grants you the non-exclusive, non-assignable, non-transferable revocable right to use the
Services solely for your non-commercial and limited personal use. Any copying, redistribution, use or
publication by you of any such Content or any part of the Services is prohibited without prior written
permission from us or the specific content provider. Any such unauthorized use of the Content could result in
criminal or civil penalties. Under no circumstances will you acquire any ownership rights or other interest in
any Content by or through your use of the Services. You shall not remove, delete, alter or obscure any
trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from
the Services, including any copy thereof. All rights not expressly granted herein are reserved. Among other
things, you agree not to use the Services or any Content in violation of any law or regulation, to engage in any
acts that may interfere with the proper working of the Services, to gain unauthorized access to PMIC's computer
systems, or to remove, circumvent, damage, disable, or otherwise compromise any security feature(s) related to
the Services or Content. The brands, names, logos, trade names, trademarks, service marks and other distinctive
identifications (collectively "Marks") on or of the Services are the intellectual property of and proprietary to
PMIC, its advertisers, suppliers, and others with whom PMIC may do business. You have no right to use any of
these Marks or any confusingly similar marks for any purpose without the express prior written consent of PMIC
or of the specific mark owner.
This Section 4 applies to you only if you download, install or use the Application:
License Grant. Subject to the terms of this Agreement, PMIC grants you a limited, non-exclusive
and non-transferable license to download, install and use the Application for your personal,
non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance
with the Application's documentation. The Application is licensed, not sold, to you.
License Restrictions. You shall not:
copy the Application, except as expressly permitted by this Agreement;
modify, translate, adapt or otherwise create derivative works or improvements, whether or not
patentable, of the Application;
reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access
to the source code of the Application or any part thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make
available the Application or any features or functionality of the Application, to any third
party for any reason, including by making the Application available on a network where it is
capable of being accessed by more than one device at any time; or
remove, disable, circumvent or otherwise create or implement any workaround to any copy
protection, rights management or security features in or protecting the Application.
Reservation of Rights. You acknowledge and agree you do not acquire any ownership interest in the
Application under this Agreement, nor do any acquire any rights other than to use the Application in
accordance with the license granted, and subject to all terms, conditions and restrictions, under this
Agreement. PMIC reserves and shall retain its entire right, title and interest in and to the
Application, including all copyrights, trademarks and other intellectual property rights therein or
relating thereto, except as expressly granted to you in this Agreement.
Apple, Inc. Terms. By downloading the Application using the Apple, Inc. ("Apple") App Store
and/or otherwise accessing the Application through or using a mobile device made by Apple, you and PMIC
agree that the following provisions shall apply:
You and PMIC acknowledge and agree that this Agreement is concluded between you and PMIC only,
and not with Apple. PMIC, not Apple, is solely responsible for the Application and the content
The license granted under this Agreement is a non-transferable license to use the Application on
any Apple-branded products that you own or control and as permitted by the Usage Rules set forth
in the Apple Media Services Terms and Conditions, except that the Application may be accessed
and used by other accounts associated with you via Family Sharing or volume purchasing.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect
to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price for the Application to you; and, to the
maximum extent permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the Application, and Apple will not be responsible for any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty.
PMIC, not Apple, is responsible for addressing any claims by you or any third party relating to
the Application or your possession and/or use of the Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the Application fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer protection,
privacy, or similar legislation, including, as applicable, in connection with the Application's
use of the HealthKit and HomeKit frameworks.
Notwithstanding anything to the contrary herein, this Agreement shall not limit PMIC's liability
to you beyond what is permitted by applicable law.
In the event of any third party claim that the Application or your possession and use of the
Application infringes that third party's intellectual property rights, as between PMIC and
Apple, PMIC, not Apple, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim.
You and PMIC acknowledge and agree that Apple, and Apple's subsidiaries, are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of
the Agreement, Apple will have the right (and will be deemed to have accepted the right) to
enforce this Agreement against you as a third party beneficiary hereof.
Collection and Use of Your Information.
You acknowledge when you register for, use, access, download or install the Services, as applicable, PMIC may
use automatic means (including, for example, cookies and web beacons) to collect information about your hardware
and devices, software, and your use of the Services, including accessing your device's geolocation features. You
also may be required to provide certain information about yourself as a condition to registering for,
downloading, installing or using the Services or certain of their features or functionality, and the Services
may provide you with opportunities to share information about yourself with others. All information PMIC
installing, using and/or providing information to or through the Services, you consent to all actions taken by
PMIC may from time to time in its sole discretion develop and provide updates to the Services, which may include
upgrades, bug fixes, patches, other error corrections and/or new features (collectively, including related
documentation, "Updates"). Updates may also modify or delete in their entirety certain features and
functionality. You agree PMIC has no obligation to provide any Updates or to continue to provide or enable any
particular features or functionality. With respect to the Application, based on your device settings, when your
device is connected to the Internet either: (a) the Application will automatically download and install
available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree the Application or portions
thereof may not properly operate should you fail to do so. You further agree all Updates will be deemed part of
the Services and be subject to all terms and conditions of this Agreement.
Third Party Materials.
The Services may display, include or make available third-party content (including data, information,
applications and other products services and/or materials) or provide links to third-party websites or services,
including through third-party advertising ("Third Party Materials"). You acknowledge and agree that PMIC is not
responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect thereof. PMIC hereby disclaims all and shall not have
any liability or responsibility to you or any other person or entity for any Third Party Materials, and you
hereby waive, to the fullest extent permitted by applicable law, any and all claims against PMIC in any way
arising out, relating to or caused by any Third Party Materials. Third Party Materials and links thereto are
provided solely as a convenience to you and your access and use of them is entirely at your own risk and subject
to such third parties' terms and conditions. If any third party obtains or collects personally identifiable
information from you, in no event shall PMIC assume or have any responsibility or liability.
Compliance with Third Party Terms.
You must comply with all applicable third party terms of agreement when using the Services.
Responsibility of Telecommunications.
You acknowledge that the Services require an active connection to the Internet or a mobile telecommunications
network to operate fully, and will cause your devices to transmit and receive data. You agree that: (a) PMIC is
not responsible for providing you with any telecommunications service, and the relevant telecommunications
service provider is responsible for any issues associated with that service; and (b) you must comply with the
terms of any agreement with the relevant telecommunications provider when using the Services and are responsible
for all data and other charges payable to any telecommunications service provider.
Open Source Software.
Certain software code incorporated into or distributed 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 this Agreement, the Open Source Software is not licensed to you
under this Agreement and instead is separately licensed pursuant to the terms and conditions of their respective
open-source software licenses. You agree to comply with the terms and conditions of such open-source software
Term and Termination.
The term of Agreement commences when you first register for, use, access, download or install any of the
Services, as applicable, and will continue in effect until terminated as set forth in this Section.
With respect to the Application only, this Agreement will terminate by you deleting the Application and
all copies thereof from your devices.
PMIC may terminate this Agreement at any time (in whole or in part) without notice if it ceases to
support the Services, or otherwise elects to not permit use of the Services, which PMIC may do in its
sole discretion. In addition, this Agreement will terminate immediately and automatically without any
notice if you violate any of its terms and conditions.
all rights granted to you under this Agreement will also terminate; and
if applicable, you must cease all use of the Services and delete all copies of the Application
from your device and account.
Termination will not limit any of PMIC's rights or remedies at law or in equity.
Disclaimer of Warranties.
THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PMIC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS
AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT
OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PMIC
PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS
OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR
THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PMIC OR ITS AFFILIATES, OR ANY OF ITS OR
THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR
INABILITY TO USE THE SERVICES OR THE CONTENT THEREOF FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS
OF GOODWILL, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, COMPUTER OR MOBILE DEVICE FAILURE OR
MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PMIC WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF
THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless PMIC and its officers, directors, employees, agents,
affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies,
claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever
kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services or
your violation or breach of this Agreement. Furthermore, you agree that PMIC assumes no responsibility for the
content you submit or make available through the Services.
Export Regulation; Legal Compliance.
The Services may be subject to U.S. export control laws, including the U.S. Export Control Reform Act and its
associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or
make the Services accessible from, any jurisdiction or country to which export, re-export or release is
prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules,
and complete all required undertakings (including obtaining any necessary export license or other governmental
approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the
U.S. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are
not listed on any U.S. Government list of prohibited or restricted parties.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the
provision will be amended to achieve as closely as possible the effect of the original term and all other
provisions of this Agreement will continue in full force and effect.
In connection with your use of the Services, we may send you service announcements, administrative messages and
other information. You may opt out of some of these communications.
Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS
PMIC reserves the right in its sole and absolute discretion to transfer, assign, sublicense or pledge in any
manner whatsoever, and of its rights and obligations under this Agreement to a subsidiary, affiliate, successor
or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer,
assign, delegate, sublicense or pledge in any manner whatsoever, any of your rights or obligations under this
Agreement. Any attempted or purported transfer, assignment, delegation, sublicense or pledge by you shall be
void and of no force and effect.
PMIC shall not be in default by reason of any failure in performance of this Agreement if such failure arises,
directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party,
including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy,
terrorist act, United States or foreign governmental acts in either a sovereign or contractual capacity, fire,
flood, epidemic, restriction, strikes or freight embargos.
The following Sections shall survive termination of this Agreement: Sections 1, 2, 3, 4(b), 4(c), 4(d), 5 and
This Agreement is governed by and construed in accordance with the internal laws of the State of New York
without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding
arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal
courts of the United States or the courts of the State of New York located in Chenango County. You waive any and
all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the foregoing, all policies for motor vehicle insurance obtained through or with the assistance
of the Services are governed by the laws of the jurisdiction in which such policies are written.
the entire agreement between you and PMIC with respect to the Services and supersede all prior or
contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
Any questions, complaints or claims with respect to the Services should be made by mail, telephone or e-mail,
and shall be directed to the following: Preferred Mutual Insurance Company, One Preferred Way, New Berlin, New
York 13411, telephone: 1-800-333-7642; e-mail: Corporate.Communications@preferredmutual.com.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power
hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between
this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
PMIC reserves the right, at any time and from time to time, for any reason in its sole discretion, to change
this Agreement, with or without notice. These changes become effective immediately, and if you use the Services
after the changes become effective it will constitute your agreement to be bound by the changes. You acknowledge
and agree that it is your responsibility to review the Services and this Agreement periodically and to be aware
of any modifications or revisions. You should check back frequently and review this Agreement regularly so you
are aware of the most current rights and obligations that apply to you and the terms and conditions of your
agreement with PMIC.