The words "we", "us", and "our" refer to AmGUARD Insurance Company®, AZGUARD&trade Insurance Company, EastGUARD Insurance Company®, NorGUARD Insurance Company®, and WestGUARD® Insurance Company, members of Berkshire Hathaway GUARD Insurance Companies (collectively, GUARD
with a principal place of business at 39 Public Square, Wilkes-Barre, PA 18701. The words "you", "your" and "User" refer to the Recipient
of the shared documents and,
its authorized agents and representatives, and anyone granted access to this website by the Recipient and GUARD by, among others, agreeing to this Terms and Conditions.
The Recipient of the materials and the website. For the purposes of these Terms and Conditions, a Recipient is hereby defined as the commercial entity or person who was identified by GUARD employees to have the right to download and have limited in time access to certain confidential documents that are owned or possessed by GUARD and are made available for download through the GUARD Partner Resource Download Center https://partners.guard.com/portal/DownloadCenter (hereafter the "website").
Right to modify the terms and conditions at any time. GUARD reserves the right to modify these Terms and Conditions at any time by updating this posting or the information on GUARD Partner Resource Download Center without additional prior notice. Continued use of this website by you will constitute your acceptance of any revisions to these Terms and Conditions. You are bound by any such revisions and should therefore regularly visit this page to review the then-current Terms and Conditions to which you are bound.
Prohibition on the use of Trademarks, Logos, and Names. All trademarks, service marks, trade names, logos, icons, and domain names are proprietary to GUARD. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, logos, icons, and domain names displayed on this website without the written prior permission of GUARD. Your use of the trademarks, service marks, trade names, logos, icons, and domain names displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either used with permission or are the property of GUARD and the use of these images by you or anyone else authorized by you is strictly prohibited.
Use of the Website. This website is owned and operated by GUARD. Except as otherwise expressly permitted by GUARD, no materials from this website or any website owned, operated, licensed, or controlled by GUARD may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. The User may download materials, including but not limited to insurance-related, documents, phone calls, and videos (hereafter and herein ?material?), which are made available for a limited period of time on this website for the User's use only and provided that the User does not remove or alter the materials in any way including but not limited to any copyright and other proprietary notices contained on the materials. The User may not utilize the content of this website for any other purpose without GUARD's prior written permission. GUARD neither warrants nor represents that the User's use of materials displayed on this website will not infringe the rights of third parties not owned by or affiliated with GUARD.
Materials in other languages. Due to possible linguistic differences, materials translated to Spanish or any other language may not necessarily reflect the intended content of the original English version. In the event of a dispute concerning policy terms or other messaging, the English version will apply.
Accessibility. For additional information pertaining to accessibility, please refer to our Accessibility Policy.
LIMITATION OF LIABILITY AND INDEMNIFICATION
GUARD WILL NOT BE REPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE PARTNER RESOURCE WEBSITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF (OR INABILITY TO USE) THE WEBSITE;
(2) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPHERLINK FROM ITS WEBSITE;
(3) FAILURE OF PERFORMANCE; (4) ERROR; (5) OMMISSION; (6) INTERRUPTION; (7) DEFECT;
(8) DELAY IN OPERATION OR TRANSMISSION; (9) INCOMPLETE OR GARBLED TRANSMISSION;
(10) COMPUTER VIRUS; (11) HARDWARE OR SOFTWARE FAILURE; OR (12) LINE OR SYSTEM FAILURE.
IN NO EVENT WILL GUARD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONSULTANTS, SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WEBSITE, ITS CONTENTS OR ITS LINKS. IT IS YOUR RESPONSIBILITY TO NOTIFY GUARD OF ANY CHANGES TO ANY EMAIL ADDRESSES AND TO ADHERE TO THE ORIGINAL OR ANY CHANGED OR UPDATED SYSTEM REQUIREMENTS. FURTHERMORE, EXCEPT AS PROVIDED BELOW, WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
HOWEVER, IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJUIRIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL NOT BE GREATER THAN THE AMOUNT YOU HAVE PAID TO ACCESS THE WEBSITE.
YOU MUST DEFEND, INDEMNIFY, AND HOLD HARMLESS GUARD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONSULTANTS, SUBSIDIARIES, OR AFFILIATES, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF THE USE OF THE GUARD WEBSITE AND ITS CONTENTS, REGARDLESS TO WHETHER SUCH USE WAS MADE BY THE PROVIDER OR ANY OF ITS AGENTS AND REPRESENTATIVES WHETHER AUTHORIZED OR NOT.
THE MATERIAL ON THE WEBSITE IS PROVIDED "AS IS". GUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GUARD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE INFORMATION AND MATERIALS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES THAT: (1) THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT OUR WEBSITE, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONDITIONS; (4) THAT INFORMATION PROVIDED BY THIS FEATURE WILL NOT BE INTERCEPTED BY OTHERS AND DECRYPTED; OR (5) THAT INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, RELIABLE, OR COMPLETE AS OF ANY PARTICULAR DATE. THIS DISCLAIMER APPLIES TO BOTH ISOLATED AND AGGREGATE USES OF THE WEBSITE INFORMATION. YOU (AND NOT GUARD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Access, connection to other websites, and Hyperlink. We sometimes may provide access to other websites from our website or you may have reached our website from another site. However, we do not endorse or approve any products, services, or information offered to you at websites you may reach from our sites or from which you may have reached our website. The Uniform Resource Locator (URL) address in your web browser will tell you if you are still on the GUARD website or have moved elsewhere.
GUARD does not guarantee that the hyperlinks, pointer, or other linking functions ("Hyperlink") that may be set out on the website will be accurate at the time of your access. Moreover, the sites that may be pointed at by Hyperlinks are developed and possibly maintained by persons over whom GUARD has no control. GUARD cannot and will not monitor the sites linked to GUARD's pages on the Internet. Accordingly, GUARD assumes no responsibility for the content of any sites referenced by any Hyperlink or otherwise. No User may provide Hyperlinks to this website, except as otherwise expressly permitted, without the prior written consent of GUARD.
The information presented on the website. The information appearing on the website is for informational purposes only and does not constitute an offer to sell or buy any product or service, that may be referenced or described on this website. By providing material on our website, GUARD does not in any way promise that the materials will remain available to you or that you will continue to qualify for the products and services that we offer now or may offer in the future. Nothing in this website should be construed as rendering tax, legal, investment or accounting advice. GUARD is entitled to terminate all or part of the website at any time, without notice to you. The information provided on the website is intended for informational purposes only, and is not intended to provide legal, accounting or any other professional advice, and may not be tailored to your individual circumstance. It is your responsibility to review the information provided on this website and if you have any questions you should contact GUARD at (1-800-673-2465) or email (email@example.com).
Commitments and Representations that You are making by using the website. When you select a password and sign up in order to access GUARD Partner Resource Download Center, you agree to the following conditions:
- GUARD is authorized to act on instructions received under your password without any requirement to question those instructions;
- GUARD is not liable for any loss caused by the authorized or unauthorized access to your personal information;
- Your password contains sensitive information and you will keep it confidential and not disclose it to unauthorized users as you agree that the security of your password will be your responsibility at all times;
- You authorize GUARD to store any personally identifiable information that you may provide, including but not limited to your name and last name and combination thereof with other information such as email or other unique to You or your organization information that you may have provided to us by other means.
- You certify that during your use of the website you will not provide and bank account or credit/debit card information;
- You certify that any information uploaded to or provided by you through the website and is true and correct;
- You have responsibility for all activities that occur under your password;
- You should notify GUARD immediately by telephone (1-800-673-2465) or email (firstname.lastname@example.org) if you believe anyone else has learned your password or if you believe any unauthorized access to GUARD or your personal information has occurred or may occur;
- You are responsible for any damage to GUARD, its subsidiaries, affiliates, or customers arising from use of your password, including but not limited to: any denial of service, deletion or modification or creation of data; unauthorized access to data and material; or, any other damage arising from use of this password.
Rules of Conduct. You must not use the GUARD website or online services in any manner that may be illegal or objectionable to GUARD. Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment. Prohibited activities include, without limitation: harvesting or collecting information about users of the website or services; interfering with or disrupting the operation of the website or services, or the servers or networks used to make them available; exploiting any portion of (or using) the website or services except as expressly authorized herein; reverse engineering, decompiling, or disassembling any portion of the website or services, except where such restriction is expressly prohibited by applicable law; using any robot, AI technology, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine," or otherwise gather the content of the website or services, or reproduce or circumvent their navigational structure or presentation; using the website for any purpose that is not permitted under the laws of the jurisdiction where you access the website or services, or otherwise acting in a fraudulent, malicious, or negligent manner; and using any information or data provided by this website in a manner that GUARD, in its sole discretion, considers being inappropriate.
Discontinuation of access to the website. GUARD reserves the right to discontinue electronic access to the website at any time. GUARD further reserves the right to modify the information contained on this website or to modify the availability of any transactions at any time. GUARD may immediately and without notice terminate the User's ability to access information for any reason, including, but not limited to, violation of the conditions of use or if the User endangers the use of the services provided through this website.
Data Protection and Confidentiality.
- GUARD is committed to respecting the privacy of personal information. GUARD has the right, but not the obligation, to monitor any transmission made to and for this website. GUARD may reproduce, use, distribute or disclose information transmitted by You to this site or collected through Your use of this website. You acknowledge that no obligation of any kind shall be attached to such information and that by transmitting information, no confidential, contractually implied, or other relationship is created between the User and GUARD. For more information on what information we may collect during your visit to the website see section 17 below ("Information GUARD May Collect").
- During the utilization of the website you will have access to certain information that may be considered as confidential and Personal Identifiable Information (PII) (together "Protected Information") which is protected by various federal, state and local laws from disclosure by You to any other 3rd party. By agreeing to these Terms and Conditions You agree to maintain all such Protected Information in strict confidentiality and follow all applicable laws. Your confidentiality obligation shall not apply to information which: (a) is or becomes generally available to the public without breach of the commitment provided under these Terms and Conditions; or (b) is required to be disclosed by law, order or regulation of a court or tribunal or government authority; provided, however, that in any such case, You shall notify GUARD with at least 30 days prior notice of Your intent to disclose the information and to allow GUARD to take appropriate measures to preserve the confidentiality of such information.
- By using this website You or your organization on which behalf you are accessing the material, are representing that you are currently implementing and will continue to implement throughout the entire use of the website physical, technical, and administrative safeguards, including but not limited to, encryption technology in order to protect Protected Information from unauthorized access;
- If You discover that there may have been a breach in security through your end (i.e. your internet system, etc.) which has or may have resulted in unauthorized access to GUARD's or GUARD's policyholder's private and/or protected data/confidential information, You agree to: (i) immediately notify GUARD at CyberAlert@GUARD.com (ii) Assume responsibility for informing all individuals whose information may have been compromised in accordance with applicable law and to indemnify, hold harmless and defend GUARD, its affiliates, directors, officers, employees, agents, successors, and assignees against any claims, damages or other harm related to such notification and;
(iii) Not notify those whose data have been or may have been exposed without prior discussion with GUARD. You shall provide a report regarding the breach to GUARD within 48 hours of breach discovery. The report shall identify:
(i) The nature of the unauthorized use or disclosure, (ii) GUARD's protected data used or disclosed; (iii) Who made the unauthorized use or received the unauthorized disclosure; (iv) What has been done or shall be done to mitigate any harmful effects of the unauthorized use or disclosure (v) What corrective action has been taken or shall be taken to prevent future similar unauthorized uses or disclosures and; (vi) full disclosure any forensic and/or investigative reports and other information, as reasonably requested by GUARD. You shall continue to update GUARD of any subsequent information that may surface following the received report.
Jurisdiction. These Terms and Conditions shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. Any disputes arising from or related to these Terms and Conditions shall be heard in the Court of Common Pleas of Luzerne County, Pennsylvania without regard to any conflict of laws. We do not in any way imply that the materials on the websites are available or for use outside the United States or in jurisdictions in which we are not licensed to do business.
Information GUARD may Collect. Some pages on this website collect information directly from you. Collection of this information is required to deliver to you the ability to download the materials. Such information includes but is not limited to the following:
The Internet Protocol Address, domain name, and email address were used.
The type of browser and operating system you used.
The date and time you visited this website.
The web pages or services you accessed at this site.
The website you visited prior to coming to this website.
The website you visit as you leave this website.
If you downloaded a material, the material that was downloaded.
By letting us collect this information about you and your use of our website and by accepting this Terms and Conditions you irrevocably agree that we may use this information for any purpose for our business, including but not limited to improving the website or other websites that we or our affiliated companies are maintaining or will maintain, to disclose this information for our business purposes, and to use as evidence of your use of this website.
Cookies. Please refer to GUARD's Privacy and Security Policy as it pertains to Cookies.
- The invalidity or unenforceability of any provision of this website?s Terms and Conditions shall not affect the other provisions hereof. If any provision of these Terms and Conditions is determined by a court or arbitration panel to be unenforceable, such provision shall be deemed severable, and these Terms and Conditions may be enforced with such provision severed or modified by any such court or arbitration panel. These Terms and Conditions shall be deemed automatically amended to include any provisions required by present or future applicable laws or regulations, to the extent they are applicable.
- The failure of GUARD to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. GUARD encourages you to save communications and notices whether they are sent by electronic message or posted on the website.