Terms and conditions of use

These Terms and conditions of use apply to your use of the PEMCO Insurance website, www.pemco.com (the "Site"), which is made available by PEMCO Mutual Insurance Company, PEMCO Insurance Company, and PEMCO Life Insurance Company ("PEMCO"). By visiting or using the Site, you accept these terms and conditions and agree to be bound by them. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These terms of use may be revised at any time at PEMCO's sole discretion. If they are revised, your continued use of the Site constitutes your acceptance of those revisions. You are encouraged to check the terms of use frequently and to read them carefully to inform yourself of any changes, which shall be effective upon posting. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THE SITE.

Prohibited uses

You agree your use of the Site will be only for your personal, noncommercial use unless you and PEMCO agree otherwise in writing. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, overburden, or disable any PEMCO software or equipment. You may not use any means of systematic retrieval of data or other content from the Site. Obtaining or attempting to obtain any materials or information through means not intentionally made available or provided for through PEMCO websites is prohibited.

You may not intentionally provide false information when you register for this Site, apply for products or services from PEMCO, post comments on this Site or a PEMCO-sponsored webpage, or complete your profile.

Framing any Site content is prohibited.

Third party links

This Site may contain links to other websites. PEMCO assumes no responsibility for the content of any linked site, or any link contained within a linked site, that is not under PEMCO's control. Nor does a link to those sites constitute an endorsement or adoption of any information or views expressed in them or of any products or services offered through them. PEMCO makes no warranties or representations regarding such other websites and accepts no responsibility for their content, accuracy, quality, nature, reliability or other aspects. PEMCO does not control the privacy or security practices of third parties. You should review the policies and practices of other parties whose websites you access, including their privacy, security, and data handling policies, all of which may differ from PEMCO's.

Links to the Site

PEMCO grants a limited, revocable and non-exclusive right to create a hyperlink to the Site’s home page provided your link does not portray PEMCO or any other affiliated companies, or any of the foregoing entities’ products or services, in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time (including, but not limited to, by notice to you or modification of these terms and conditions of use).

Submissions

You agree that by your submitting any materials to PEMCO (including without limitation comments, questions, suggestions, ideas, plans, or creative materials), in whatever manner provided to the Site or any other PEMCO communication service, you are granting PEMCO Mutual Insurance Company, its affiliates and any necessary sublicensees permission to use your submission for any purpose, commercial or otherwise, through any media, without acknowledgement or compensation to you. You agree that such submissions are not confidential (subject to PEMCO’s privacy policy) and that your permission includes, but is not limited to, the right to copy, distribute, transmit, publicly display or perform, reproduce, edit, translate and reformat your submission, and (at PEMCO's sole discretion) to publish your name in connection with your submission. By your submission, you represent and warrant that you own or otherwise control all rights to your submission including, but not limited to, all rights necessary for you to provide, post, upload, input or submit it.

PEMCO Products and services

Information and materials provided on the Site are for general reference only. They do not describe or contain all of the terms, conditions, or exceptions applicable to PEMCO products and services. All coverages are subject to the terms and conditions of the insurance policies issued.

Copyright and trademarks

Except as otherwise indicated, materials in the Site, including without limitation, the PEMCO trademarks, logos, service marks, and registered trademarks, design, graphics, text, pictures, sound and other files, as well as their arrangement, are the property of PEMCO Mutual Insurance Company or other parties. Such material is protected by applicable copyright and trademark laws. ALL RIGHTS RESERVED Copyright © 2010 PEMCO Mutual Insurance Company and/or its suppliers or licensors. You are prohibited from using any of this material without the written permission of PEMCO Mutual Insurance Company or the respective rightsholder.

Disclaimer

This Site is provided on an "as is" and "as available" basis. To the fullest extent allowed by applicable law, PEMCO expressly disclaims all warranties, either express or implied, including, but not limited to, warranties of title or non-infringement and the implied warranties of merchantability and fitness for a particular purpose. PEMCO does not warrant or represent that the operation of the Site will be uninterrupted, or that the materials on the Site will be accurate, reliable, or error-free. PEMCO cannot and does not warrant that the Site or any supporting servers are free of viruses or other potentially harmful content. PEMCO is not responsible for errors or omissions relating to prices, texts, photography or other content on the Site.

Limitation of liability

To the fullest extent allowed by applicable law, in no event shall PEMCO or any of its suppliers or affiliates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including, but not limited to, loss of data, loss of profit, loss of revenue or loss of use) arising out of or in any way connected with or relating to the use or performance of the Site, with any delay or inability to use the Site or related services, provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site or otherwise arising out of the access or use of the Site, whether based in contract, warranty, or tort (including but not limited to negligence or strict liability) even if PEMCO or any of its suppliers or affiliates has been advised of the possibility of damages, and you hereby waive, to the fullest extent permitted by law, any claims, demands, causes of action or recoveries therefore.

Some laws do not allow the limitation (including the exclusion) of certain warranties. If such law applies, some of the limitations above may not apply to you. In any event, you agree that warranties are excluded and the total liability of PEMCO and its suppliers or affiliates for claims of any kind or nature arising out of or in any way connected with or relating to the use or performance of the Site is limited to the greatest extent permitted by law, but shall in no event exceed $5.00.

Applicable law, jurisdiction and venue, and termination

These terms and conditions of use and your use of the Site are governed in all respects by the laws of the State of Washington, U.S.A., without regard to any conflict of laws provisions. You consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A., in any dispute arising out of, or relating to, the use of this Site. You agree to accept service of process issued by such courts.

Severability

If any provision of these terms and conditions of use is determined to be unlawful, void, or unenforceable, such provision shall be severable from the remaining provisions which shall remain valid and in effect to the fullest extent possible.

Entire agreement

Unless otherwise specified herein, these terms and conditions of use constitute the entire agreement between the user and PEMCO regarding the subject matter discussed. This agreement supersedes any prior or contemporaneous communications or proposals, whether electronic, oral, or written, between the user and PEMCO with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All rights not expressly granted herein are reserved.