This AGREEMENT is made between the named insured ("you" or "your") and Liberty
Mutual Insurance Company, a Massachusetts corporation, located at 175 Berkeley
Street, Boston, Massachusetts for itself and the benefit of its affiliates
meaning any entity under common management and control with Liberty Mutual
Group Inc., including those companies operating as Safeco Insurance
(collectively “The Companies” or “we”). The Companies offer several programs
that use certain data to adjust insurance premiums, including but not limited
to RightTrack® and Rewind® (collectively “Programs”.) This agreement governs
your enrollment in the Program, including but not limited to access to
information stored on a third-party website and your use of any technology
required to enable the collection of certain data. ("Technology").
By participating in the Program, you are expressly permitting Companies to
collect and transmit your data through the Technology – view the data
collected. Your policy premium may be adjusted based on data collected during
the Review Period.
Participation in the Program is voluntary. If you do not agree with these
Terms and Conditions, then you should not participate in the Program. Your
consent to these Terms and Conditions is shown by your signature. To consent,
you must be a Named Insured on the policy and have the authority to express
consent for all rated drivers, vehicles and operators. These Terms and
Conditions apply to all vehicles and all drivers on your policy, whenever
added. Your ongoing use of the Technology indicates your acknowledgment and
acceptance of these Terms and Conditions.
You also agree that the data collected and the policy adjustment made as a
result of that data may apply to your policy, including any endorsements or
changes to your policy, for example, changes to named insureds or insured
vehicles.
Review Period
The Review Period will begin on the date you install, activate or register the
Technology. You are required to properly install, activate or register the
Technology in order to participate in the Program.
Premium Adjustment
By participating in the Program, your policy premium may reflect an adjustment
based on your collected data.
Use of Data and Privacy
The Companies value and respect your privacy. Neither we nor our service
providers will share personally identifiable data collected with any third
party except to service your auto policy, for research, or as required by law.
We may retain the collected data indefinitely, subject to state requirements.
We may use the data on an aggregated basis for research purposes and we
reserve the right to collect data as long as the Technology is in use. The
data we collect shall not affect either policy cancellation or nonrenewal.
Use of Technology
You agree that you will not destroy, alter, disassemble, duplicate, clone, or
otherwise tamper with the Technology, nor will you attempt to reverse engineer
the firmware, software, or source code.
Use of the Technology may result in smartphone wireless carrier data charges.
You are responsible for all data charges associated with the use of the
Technology.
Returning the Technology
If the
Technology involves the use of a physical device the following applies.
Failure to return the Technology in good working condition (normal wear and
tear excepted) may result in a fee to recover its cost.
Program Eligibility
Program eligibility is contingent upon your providing a valid email address or
other contact information approved by the Companies, signature/acknowledgment
of these Terms and Conditions, and proper installation, activation or
registration of the Technology.
Enrollment Changes
At your request, you can be re-enrolled in the Program once per policy term
and the new premium adjustment may supersede the prior premium adjustment.
Enrollment may be cancelled if we do not receive enough information to
properly derive a premium adjustment. Enrollment may also be cancelled if
there is evidence of tampering with the Technology or evidence of frequent
disablement of the Technology. We reserve the right to remove any premium
adjustment or bar you from future participation in the Programs if we uncover
evidence of tampering or frequent Technology disablement.
Other Terms
The Companies will not assume any liability for damages caused by the
Technology. Further, we shall not be liable for any indirect, incidental,
consequential, special, punitive, exemplary or other damages arising out of or
in any way related to the Technology or the Program, including without
limitation, damage for bodily injury, lost wages, or damage to your
smartphone, other vehicles or property, caused by or resulting from the
installation, activation or registration of the Technology. Nor are we liable
for the unauthorized disclosure or use of the information collected by the
Technology, or actions or inactions, of any third-party vendor.
You agree to defend, indemnify and hold the Companies and our service
providers/third-party vendors harmless for any and all liability, loss,
claims, costs and expenses whatsoever arising from your use of the Technology.
In the event this limitation of liability is held to be inapplicable or
unenforceable for any reason, in whole or in part, then our aggregate
liability for any reason and upon any cause of action arising out of or in any
way related to the Technology shall be limited to direct property damage to
the vehicle in which it is installed. Our failure to exercise or enforce any
right or provision of this agreement shall not constitute a waiver of such
right or provision.
Updating Program Terms and Conditions
We reserve the right to modify or discontinue the Program with or without
notice to you. If we discontinue the Program, you must cease use of the
Technology. You should check for any changes to the Terms and Conditions on
this Site. If you continue to use the Program after any changes to the Terms
and Conditions are posted on this Site, you will be considered to have
accepted, and to have agreed to be legally bound by, such changes.