The words "we", "us", and "our" refer to AmGUARD Insurance Company®, AZGUARD™ Insurance Company, EastGUARD Insurance Company®, NorGUARD Insurance Company®, and WestGUARD® Insurance Company, members of Berkshire Hathaway GUARD Insurance Companies (collectively, GUARD) with principal place of business at 39 Public Square, Wilkes-Barre, PA 18701. The words "you", "your" and "User" refer to the Provider and, its authorized agents and representatives, and anyone granted access to this website by the Provider and GUARD by agreeing to this Terms and Conditions.
For the purposes of these Terms and Conditions a Provider is hereby defined as a Doctor of Medicine who is authorized by applicable state laws to practice medicine or surgery or any other person or entity who is determined by applicable state laws to be capable to provide health care services.
GUARD reserves the right to modify these Terms and Conditions at any time by updating this posting or the information on its website without additional 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.
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.
This website is owned and operated by GUARD. Except as otherwise expressly permitted by GUARD or as marked with a "client- friendly" symbol, 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 material displayed on this website for the User's use only and provided that the User does not remove 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 permission. GUARD neither warrants nor represents that the User's use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with GUARD.
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.
For additional information pertaining to accessibility, please refer to our Accessibility Policy
LIMITATION OF LIABILITY
GUARD WILL NOT BE REPONSIBLE FOR ANY DAMAGES OF INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS 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 OUR SITES.
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 OUR WEBSITES 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 LMITED 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.
We sometimes provide access to other websites from our websites 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 in the GUARD website or have moved elsewhere.
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 we offer. Nothing in this website should be construed as rendering tax, legal, investment or accounting advice. GUARD is entitled to terminate all or part of any of its websites at any time, without notice to you.
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 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 consult with any professionals as you see fit.
When you select a password and sign up in order to access GUARD's online Agency Service 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
You certify that you are the owner of any bank account or credit/debit card information you provide and you further authorize
the financial institution to honor any withdrawals or charges you authorize;
- You certify that any information uploaded to or provided by you through the website 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; or, any other damage arising from use of this password.
RULES OF CONDUCT
You must not post, transmit or otherwise make available any materials through or in connection with the GUARD website or online services that may be illegal or objectionable to GUARD; or 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, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine," or otherwise gather 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 to be inappropriate.
DISCONTINUATION OF SERVICE
GUARD reserves the right to discontinue electronic access to the account 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 & CONFIDENTIALITY
GUARD is committed to respecting the privacy of your personal information. GUARD is not obligated to monitor any transmission made through the respective web pages. However, 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 to this site or collected through use of this website. The User acknowledges that such information shall be deemed to be non-confidential and that the User's communication may be read or intercepted by others. The User acknowledges 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.
During the utilization of the web site 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.
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, (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) Other information, as reasonably requested by GUARD. You shall continue to update GUARD of any subsequent information that may surface following the received report.
Any submissions made via email over the internet may not be secure and are subject to the risk of interception by third parties.
Please consider this fact before emailing any personal or confidential information.
. Agents conducting business in California should reference GUARD's California Consumer Privacy Act Policy
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. We do not in any way imply that the materials on the websites or the products and services we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business or that we are soliciting business in any such jurisdiction.
INFORMATION COLLECTION POLICIES
Some pages on this website collect information directly from individuals who volunteer to use our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary. If you do nothing during your visit to the website but browse or download information, some pages may automatically collect and store the information about your visit including but not limited to the following:
- The Internet Protocol Address, domain name, and email address 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 form, the form that was downloaded.
Please refer to GUARD's Privacy and Security Policy
as it pertains to Cookies.
PRIVACY AND SECURITY
For additional information pertaining to privacy and security not discussed hereinabove, please refer to GUARD's Privacy and Security Policy
The invalidity or unenforceability of any provision of these 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.
You shall not assign these Terms and Conditions without the prior written approval of GUARD. 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. By accessing GUARD's websites and GUARD's online Agency Service Center, you agree to these Terms and Conditions of Website Use.