Amica Online Terms of Use

Revision Date: 02/13/2024

Acceptance of the Terms of Use

Welcome to the websites and applications of or offered by Amica Mutual Insurance Company and our subsidiaries and affiliates, including Amica Life Insurance Company, Amica General Agency, LLC, and Amica Property and Casualty Insurance Company (collectively "Amica," "we" or "us"). The following terms and conditions, together with any documents incorporated by reference (collectively "Terms of Use"), govern your access to and use of all digital products and services from Amica, including www.amica.com, or any other website, mobile application, or other Amica online service or application that posts a link to these Terms of Use (the “Services”), as well as any features, widgets, plug-ins, content, downloads, functionality and services offered on or through the Services, regardless of how you access or use them (whether via personal computers, mobile devices or otherwise).

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and Amica’s Online Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or our Online Privacy Policy, you must not access or use any of the Services.

The Services are offered and made available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Amica and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of these Terms of Use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction, however, will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on via the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you remain aware of any changes, as they are binding on you.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the Services in their entirety, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Services;
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them; and
Any and all activity that occurs via your username, password, or personal identification number (“PIN”).

To access the Services or some of the resources offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features provided through the Services, is governed by our Online Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Online Privacy Policy.

If you choose, or are provided with, a username, password, PIN or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your username, password, PIN or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, PIN or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, PIN or other personal information.

We have the right to disable any username, password, PIN or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Amica, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages from the Services for your own personal, noncommercial use and not for further reproduction, publication or distribution; and
You may download a single copy of our mobile application to your mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such application.

You must not:

Modify copies of any materials from this Service;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to WebComments@amica.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Amica. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Amica name, the Amica logo and all related names, logos, product and service names, designs and slogans are trademarks of Amica or its affiliates or licensors. You must not use such marks without the prior written permission of Amica. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter" or "spam," or any other similar solicitation;
To impersonate or attempt to impersonate Amica, an Amica employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Amica or users of the Services or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services;
Use any robot, spider, software or other automatic device, process or means to access the Services for any purpose, except as permitted by Amica, including monitoring or copying any of the material on the Services;
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Services;
Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services;
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Services.

Reliance on Information Posted

Other than information directly related to your Amica policy or claim: (i) the information presented on or through the Services is made available solely for general information purposes; (ii) we do not warrant the accuracy, completeness or usefulness of this information; (iii) any reliance you place on such information is strictly at your own risk; and (iv) we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include, or link to, content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Amica, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Amica. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of these Terms of Use.

Changes to the Services

We may update the Services and any related content from time to time, but content provided through the Services is not necessarily complete or up to date. Any of the content provided through the Services may be outdated at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Online Privacy Policy. Our customers should also reference the Amica Privacy Notice. By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Online Privacy Policy and the Amica Privacy Notice.

Policyholder Services

If you select a username, password and PIN, and sign up to access Amica’s online policyholder services, you agree to the following conditions:

Amica is authorized to act on instructions received under your username and password and PIN without any requirement to question those instructions;
Amica is not liable for any unauthorized access to your private information that is not directly due to the negligence of Amica;
Your username, password and PIN contain sensitive information, and you will keep it confidential and secret;
You will notify Amica immediately if you believe anyone else has learned your password, PIN and/or username, or if you believe an unauthorized access to Amica or your account has occurred or may occur; and
Amica may deny access or block any transaction made under your username, password and PIN without prior notice if we suspect your account is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.

Third-Party Links

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to or through any of the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of these Terms of Use.

Geographic Restrictions

The Services are operated in the United States and intended for users located in the United States. Amica is based in the State of Rhode Island in the United States. We make no claims that the Services or any content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You should review our Online Privacy Policy with respect to users outside of the United States.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITES LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, THEIR CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMICA NOR ANY PERSON ASSOCIATED WITH AMICA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AMICA NOR ANYONE ASSOCIATED WITH AMICA REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENTS OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES AND APPLICATIONS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AMICA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of these Terms of Use.

Limitation on Liability

IN NO EVENT WILL AMICA, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless Amica, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including but not limited to any use of the Services’ content, services and products, other than as expressly authorized in these Terms of Use.

Please note that the section titled “Consumer Protection Notice” includes important limitations on the applicability of these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States located in the State of Rhode Island or the courts of the State of Rhode Island, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Arbitration Provision; Class Action Waiver

In order to expedite and control the cost of disputes, you and Amica agree that any legal or equitable claim relating to these Terms of Use or use of the Services, or any offering provided or obtained using the Services, (referred to as a “Claim”) will be resolved as follows:

A. Informal Resolution:

You and Amica will first attempt to resolve any Claim informally. In the event that any dispute between Amica and you arises out of or relates to the Terms of Use, the applicability of the Terms of Use to the use of the Services, or to breach or enforcement, interpretation or validity of the Terms of Use, you and Amica agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to Amica Mutual Insurance Company, Attn: Office of General Counsel, 100 Amica Way, Lincoln, RI 02865.

B. Formal Resolution by Arbitration/Class Action Waiver:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY; IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to the Terms of Use, the applicability of the Terms of Use to the use of the Services, or to breach or enforcement, interpretation or validity of the Terms of Use, or the determination of the scope or applicability of arbitration shall be governed solely by the Federal Arbitration Act.

If you and Amica cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and Amica understand and agree that all disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Amica each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.

The Arbitration will be conducted under the American Arbitration Association Consumer Arbitration Rules (referred to as the “AAA Rules”) and under the rules set forth in these Terms of Use. If there is a conflict between AAA Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the State of Rhode Island. If you decide to initiate Arbitration, Amica agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and Amica agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The Arbitration will be held at a location in your hometown area if possible, unless you and Amica both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Amica must:

Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered (“Demand for Arbitration”). You can file a demand at adr.org.
Send one copy of the Demand for Arbitration to the other party.

Waiver and Severability

No waiver by Amica of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amica to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Consumer Protection Notice

Please note that, if you are a consumer, the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.

If you are a New Jersey consumer, the terms of the sections titled “Disclaimer,” “Limitation on Liability,” and “Indemnification” do not limit or waive your rights under New Jersey law and the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.

Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence.

Terms Applicable for Apple iOS

If you are accessing or using the Services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Use by this reference:

(i) To the extent that you are accessing the Services through an Apple device, you acknowledge that these Terms of Use are entered into between you and Amica and, that Apple, Inc. (“Apple”) is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.

(ii) The license granted to you under these Terms of Use is subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions (see: https://www.apple.com/legal/internet-services/itunes/us/terms.html) and any third-party terms of agreement applicable to the Services.

(iii) You acknowledge that Amica, and not Apple, is responsible for providing the Services and any content thereof.

(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.

(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.

(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and Amica, Amica, and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vii) Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

(ix) When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.

Termination/Exclusion

Amica reserves the right, in its sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Services for any reason or for no reason whatsoever, including improper use of the Services or failure to comply with these Terms of Use, and to take any other action Amica deems appropriate.

Entire Agreement

The Terms of Use, our Privacy Notice and our Online Privacy Policy constitute the sole and entire agreement between you and Amica with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.