Terms and Conditions

Updating terms

Point Insurance reserves the right, at its discretion, to change, delete, and update portions of these Terms or other policies that govern use of the Site at its discretion, at any time, for any reason, including the right to terminate the Site and any related services. You should review these Terms periodically for changes. Any amendments and modifications by Point Insurance will be prospective only, and unless otherwise provided in this Agreement, will be effective upon being posted on the Site. The Terms can be accessed from the link at the bottom of each Site page. If you use the Site after we post changes to the Terms, you agree to the changed Terms. If you have an account or other relationship with Point Insurance, then that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in these other agreements shall diminish the protections and rights provided to Point Insurance under these Terms. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and Point Insurance with respect to the use of the Site.

Services information

Without limiting the disclaimer language in these Terms, the information contained on this Site is believed to be accurate at the time of posting. However, from time to time Point Insurance may find it necessary to make revisions. Point Insurance reserves the right to make all such changes without notice.

Point Insurance website registration, personal information, and unauthorized use

You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for access to certain portions of the Site and the services provided. You agree to provide true, accurate, current, and complete information, whether through questionnaires, registration forms, or other information requests, including—without limitation—passwords, usernames, login IDs, credit card and financial information, and other personally identifiable information (collectively, "Personal Information"). You agree not to provide Personal Information that is false, inaccurate, misleading, or fraudulent. You are solely responsible for all transactions and transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update your Personal Information. You agree that Point Insurance is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Point Insurance of your Personal Information. It is your responsibility to maintain the confidentiality of your Personal Information. Point Insurance requires that you agree not to share your Personal Information with another person, nor allow another person to use your Personal Information. This requirement will assist in preventing unauthorized use or misuse of the Site and protect you, Point Insurance, and other Site users. If you believe that someone has used your Personal Information without your authorization, please contact Point Insurance immediately at 715-544-4665.

Please review Point Insurance’s website Privacy Policy for more information regarding Point Insurance’s policies and procedures for disclosing and using your Personal Information. Subject to the website Privacy Policy, Point Insurance retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently known or unknown) for any legally permissible purpose.

Information Available on Site

Point Insurance relies on a variety of sources for the information it provides on the Site, including—without limit—information related to its services and the products it sells. This information is provided to you in good faith based on the information available to Point Insurance. Point Insurance believes that the information is current and accurate but does not guarantee it.

Restrictions of Use of Point Insurance Materials and the Site

Your license to use the Site includes the limited right to view, bookmark, download, and print, for your non-commercial, personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by Point Insurance at any time under the circumstances described in these Terms.

Point Insurance or its content providers own all of the content, materials, and other intellectual property related to the Site including—without limit—all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Materials"). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.

The contents and use of the Site (including Point Insurance’s name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of Point Insurance.

You further agree you may not:

• Use the Site to transmit, copy, reproduce, republish, upload, post, transmit, email, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;

• Copy (except as set forth above for non-commercial personal use), modify, distribute, create any derivative or compilation work from, or display any name or logo, text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;

• Use any device designed to provide repeated automated access to the Site other than those made generally available by Point Insurance; include the Point Insurance logo, and other marks, or the names of various products and services described within the Site or any other Point Insurance trademarked materials, the name of any Point Insurance personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Point Insurance and you, any other party, or any other website, or otherwise use these items without Point Insurance’s express written permission;

• Collect, harvest, or store personal data about other users of the Site;

• Upload, email, or otherwise transmit to Point Insurance or through the Site or any Point Insurance computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, "junk mail," surveys, unsolicited email, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files, or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data, or information related to the Site or any computer software, hardware or communications equipment that is owned, leased, or used by Point Insurance;

• Create a link to the Site without Point Insurance’s prior written permission; use the Site to advertise or perform any commercial solicitation; use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

• Use any robot, spider, scraper, or any other automated means to access the Site for any purpose without Point Insurance’s express written permission;

• Forge any TCP/IP packet header or any part of the header information in any email or posting; take any action that imposes, or may impose, in Point Insurance’s sole discretion, an unreasonable or disproportionately large load on the Point Insurance infrastructure; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

• Bypass measures used by Point Insurance to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Point Insurance.

Point Insurance reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing Point Insurance to disclose such information.

Point Insurance does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does Point Insurance endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.

Termination, Removal of Materials, and Monitoring

These Terms are effective until terminated by Point Insurance, or when you cease use of the Site and any related services. If you no longer agree to be bound by these Terms, you must cease use of the Site and any related services. You agree that Point Insurance may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. Point Insurance also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in Point Insurance’s sole discretion, may create liability for Point Insurance, its agents or its contractors or may affect Point Insurance’s business relationships or contracts with its agents or its contractors. Point Insurance further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive, or do not conform to these Terms—though Point Insurance shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that Point Insurance has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Point Insurance from any liability related to its monitoring activities. If Point Insurance denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, Point Insurance may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and any related services.

Website Links and Third-Party Information on the Site

For your general informational use only, Point Insurance may provide access to third party websites. These links allow you to leave the Site. Point Insurance is unable to verify, and takes no responsibility for, the contents of any third-party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Point Insurance or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Point Insurance may link). By providing access to other websites, Point Insurance is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. Point Insurance does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third-party site or related to creation of links to such site. Before relying on any information contained on any third-party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness, and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Point Insurance may include third-party information in the Site for general informational purposes only. Point Insurance is unable to verify the accuracy or completeness of third-party information posted to the Site or accessible from the Site.

Consequently, you agree Point Insurance does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship, or suitability of any third-party content and Point Insurance is not obligated to maintain, verify, update, or post any corrections to such third-party information for any reason. Nothing in the Site referencing any third parties with whom Point Insurance conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint venturers with Point Insurance, or otherwise provide you or any third parties with any rights to act on Point Insurance’s behalf.

Disclaimers and Limitations of Liability

In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your Personal Information for unauthorized or illegal purposes.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE, AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE POINT INSURANCE PARTIES (DEFINED BELOW) MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN POINT INSURANCE, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON POINT INSURANCE’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO POINT INSURANCE.

YOU AGREE THAT POINT INSURANCE, ITS PARENT, SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "POINT INSURANCE PARTIES") ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE POINT INSURANCE PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED $100. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY POINT INSURANCE IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE POINT INSURANCE PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

If you provide Point Insurance with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold Point Insurance responsible for any misuse or unauthorized viewing of that information.

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify the Point Insurance Parties (and any of their third party service providers) from and against any and all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than Point Insurance.

Applicable Law

Point Insurance controls and operates the Site from our offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to Point Insurance and your use of the Site.

Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No failure to exercise and no delay in exercising, by Point Insurance, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by Point Insurance of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Point Insurance.

Additional Terms

Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Copyright Agent for Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Point Insurance designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Point Insurance’s designated agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Point Insurance’s designated copyright agent for claims of copyright infringement may be contacted at:

Sentry Insurance Company Legal Department Attention: Raina Zanow, AVP – Assistant General 1800 North Point Drive Stevens Point, Wisconsin 54481 715-346-6618 raina.zanow@sentry.com

Dispute resolution and exclusive jurisdiction

If a dispute arises between you and any of the Point Insurance Parties, it is the goal of Point Insurance to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies ("Claims") arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding arbitration as described herein.

Any dispute arising under or related to these Terms, the Site, or any related services (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination or breach thereof) shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site, or any related services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).

The above obligations to arbitrate shall not: (i) apply to violations of the Restrictions on Use of Point Insurance Materials contained above; or (ii) prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance, or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.

Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, the Services, or these Terms shall be in Stevens Point, Wisconsin. Any matter brought before a court shall be brought solely in the state or federal courts located in Stevens Point, Wisconsin. The parties hereby waive their right to a jury trial.

Headings

The headings of the sections in these Terms are strictly for convenience and shall not in any way be construed as amplifying or limiting any of these Terms.

Survival of Obligations

The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.