Effective Date: October 2016
Your use of the Safeco Mobile App (“the App”) is subject to your acceptance and compliance with these Terms of Use. Please read them carefully. By downloading, installing or using the App, you indicate that you accept these Terms of Use, as well as the Safeco.com Terms of Use, the Safeco Online Account and Paperless Terms & Conditions, and that you agree to abide by them. If you do not agree with these Terms of Use, you should not download, install, or use the App.
1. The App is operated by Safeco Insurance, meaning those companies now or in the future owned or controlled by or under common control with Liberty Mutual Group and operated collectively as Safeco Insurance. We refer to ourselves as “we”, “us” and “our.”
2. We reserve the right to change these Terms of Use at any time without notice to you by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing these Terms of Use to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.
3. We are offering you this App to use without cost, but you should be aware that you will need internet connectivity and appropriate telecommunication links to use certain features or functions of the App. We accept no responsibility or liability for any telephone or other costs you may incur as a result of using the App.
4. To the extent you use the App to contact other individuals via email, voice or text message, or if you send them content that was generated while using the App, it is your sole responsibility to ensure that all such calls and messages comply with applicable law, including but not limited to the Telephone Consumer Protection Act.
5. Regardless of whether you think your use of the App is for our benefit, the App may never be used:
- In a manner that is prohibited by any law, statute or regulation of any applicable jurisdiction;
- In connection with fraudulent, criminal or otherwise unlawful activity;
- To impersonate or otherwise misrepresent your identity or affiliation;
- To access accounts that you are not authorized to access;
- To invade the privacy of third parties, including consumers;
- In a manner that infringes or misappropriates any patent, trade secret, copyright, trademark, or other proprietary rights of any third party;
- To violate, or facilitate or assist in violating, the security of the App, whether intentionally, negligently or otherwise; or
- To transmit by means of the App any data or material that contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. The App may allow you to access information that is confidential and proprietary to Safeco Insurance and/or other Liberty Mutual companies.
7. If you access or store nonpublic personal information about yourself or other consumers (“NPPI”) via the App, or generate content that includes NPPI while using the App, it is your sole responsibility to comply with applicable laws regarding the confidentiality and security of any NPPI stored on, or transmitted by, your mobile device. Liberty Mutual accepts no responsibility or liability for the safekeeping, confidentiality and/or security of NPPI stored on your mobile device as a result of using the App.
8. You are not allowed to copy or modify the App, or any part of the App, and you are not allowed to extricate, or attempt to extricate, the source code of the App. You may not translate the App into other languages or make derivative versions.
9. Along those lines, except where otherwise indicated, all materials contained in the App, including but not limited to graphics, text, software, audio, video and files, are either the property of, or used with permission by, Safeco, and are protected by intellectual property laws. Safeco reserves all rights in these materials. If you are permitted to download material accessed via the App, you may not remove any copyright and other proprietary notices contained on the materials.
10. Nothing contained on the App should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon and domain name displayed on this website without the written permission of Safeco or third party that may own such marks or names displayed on this website. Your use of the trademarks, service marks, trade names, logos, icons and domain names displayed on this website, except as provided herein, is strictly prohibited.
11. We operate the software underlying and required for your use of the App from the United States of America and it is possible that such software or some downloads from the App could be subject to government export controls or other restrictions. You represent that you are not subject to such controls and restrictions and 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.
12. You agree to defend, indemnify and hold harmless Safeco and Liberty Mutual Group, their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App, and any of the programs, materials or resources made available to you on the App; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party proprietary right. This defense and indemnification obligation will survive these Terms of Use and your use of the App.
13. DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF UNINTERRUPTED OR ERROR FREE SERVICE, OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
14. DISCLAIMER OF LIABILITIES. YOU AGREE THAT SAFECO AND LIBERTY MUTUAL GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR INABILITY TO USE, THE APP, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN THE EVENT THIS LIMITATION OF LIABILITY IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, THEN THE AGGREGATE LIABILITY OF SAFECO AND LIBERTY MUTUAL GROUP FOR ANY REASON AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE APP SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250.00).
15. The App is provided for your convenience. If there is any discrepancy between information presented in the App and our internal system records, the internal system records will be considered authoritative and controlling.
16. We do not warrant that the App will operate error free or is free from viruses, worms, Trojan horses or other destructive or harmful code. We also assume no responsibility, and shall not be liable for, any damages to your computer equipment, mobile device or other property as a result of your access to, use of, the App or your downloading of any materials, data, text, images, video, or audio from this App or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.
17. We may make services available through the App that are provided by a third party. We cannot and do not take responsibility for third party services.
18. For your convenience, the App may contain links to other websites. The inclusion of any links to such websites does not imply our approval of or endorsement of those websites, their content or their products and services. We are not responsible for the content of these websites, or problems you may encounter at other sites. These websites may also have their own terms and conditions, which you may be subject to.
19. We may collect information about your use of the App when you use it. This information helps us to better understand how the App is being used and what we can do to make it more useful to users.
20. These Terms of Use and all other aspects of your use of the App shall be governed by and construed in accordance with the laws of the State of Massachusetts and such laws will apply without regard to principles of conflict of laws.
21. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.