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Amica Online Terms of Use

Last Updated: 02/27/2025

Acceptance of the Terms of Use

Welcome to the Web sites 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”, “our” 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 (collectively, 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, including the dispute resolution procedures set forth herein, 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 reside in the United States or any of its territories or possessions and are the age of majority in their jurisdiction. 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 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, with or without notice, by updating this page or notifying you of the changes. 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 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. As a condition of your use of the Services and access to Services Content (defined below), you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use or applicable law or reproduce or distribute any portions of the Services or Service Content for any commercial use, except as expressly authorized herein. 

Accessing the Web sites, Creating and Account 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. We also reserve the right, for any reason and in our sole discretion, to terminate your account, or suspend or otherwise dent you access to it or its benefits without advance notice or liability.

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 account 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 register for an account through an online registration process or provide certain 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 and you will update it as needed to keep it accurate. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms of Use or any applicable law, we may suspend or terminate your account. When you register for an account, you agree that you will not select a username (or e-mail address) used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity, or that is offensive. You agree that all information you provide to register an account 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.

You agree that you will treat any username, password, PIN or any other piece of information as part of our security procedures 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 are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You also agree to ensure that you exit from your account at the end of each session. You should use 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 account, username, password, PIN or other identifier 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.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. 

Ownership of Services Content

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Services Content”), 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.

 

Subject to and conditioned on your continued compliance with these Terms of Use, Amica grants you a limited, non-exclusive, revocable, non-sublicensable, and non-transferrable license to view, display and download the Services Content for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, store or transmit any of the Services Content, except as follows:

  • Your computer may temporarily store Services Content in RAM incidental to your accessing and viewing those materials;
  • You may store Services Content 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 Content 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 from a supported App store solely for your own personal, noncommercial use, provided you agree to these Terms of Use. 

Except as permitted herein, you must not:

  • Modify, copy, reproduce, display, perform, publish, create derivative works from, store, translate, sell, rent, other otherwise exploit or adapt copies of any Services Content, data or information from this Service;
  • Use any Services Content of 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 Content.

We have no obligation to monitor your interaction with the Services but reserve the right the review or monitor the Services in our sole discretion.

You must not access or use for any commercial purposes any part of the Services or any Services Content 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 Content 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 Service Content you have made. Except as set forth herein, no right, title or interest in or to the Services or any Services Content 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 on the Services are trademarks of Amica or its affiliates. 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 and licensors of Amica.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. We may suspend or terminate the availability or your use of the Services, in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability to you.

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 any political or commercial purpose, aside from the purchase of goods or services if offered for sale through the Services by Amica or any of its affiliates;
  • 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 reverse engineer, decompile, disassemble, reverse assemble or modify any Services source or object code or any software or other products, services or processes accessible through any portion of our Services;
  • In a manner that suggests an unauthorized association with any of our products, services or brands;
  • To interfere with or circumvent any security or access feature of our Services;
  • 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; 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;
  • To use any Services Content to train large learning models or in connection with any artificial intelligence input or output services; or
  • To otherwise violate these Terms of Use or applicable law.

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 Service Content on the Services;
  • Use any manual process to monitor or copy any of the Services Content 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 which 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 and Services Content 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 or Services Content; (iii) any reliance you place on such information or Services Content is strictly at your own risk; and (iv) we disclaim all liability and responsibility arising from any reliance placed on such information or Services Content 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 Services 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 Services Content from time to time, but information on the Services and Services Content is not necessarily complete or up to date. Any of the information or Services Content may be outdated at any given time, and we are under no obligation to update such Services Content.

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.

Contest, Sweepstakes and Other Promotions

From time to time, Amica may conduct promotions on or through the Services, ‎including without ‎limitation, contests, rewards, sweepstakes and other promotions ‎‎(“Promotions”).  Each Promotion may ‎have jurisdictional limitations, additional terms and/or ‎rules of participations (“Promotion Rules”), which will be posted on ‎the Services or otherwise ‎made available to you.  The Promotion Rules for each Promotion in which ‎you participate ‎are deemed incorporated into and form a part of these Terms of Use.  It is your ‎responsibility to ‎read the Promotion Rules to determine whether or not your participation, ‎registration or ‎entry will be valid or restricted, and to determine your participation requirements.‎

Policyholder Account Services

If you select a username, password and PIN and create an account 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 gross negligence of Amica;
  • Your username, password and PIN may 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.

Online Submission of Claims

The Services may allow you to submit online claims for insurance benefits under an existing Amica insurance policy. If you use such Services, you agree that you will not submit any information that you know to be, or have reason to believe to be, false, fraudulent, deceptive, inaccurate, misleading or infringing on any third party’s rights.

If submitting an insurance claim online is available through the Services, you may be redirected to a third-party’s Web site. Amica does not control any third-party Web site, and these Terms of Use do not apply to your use of any third-party Web site. Please be sure to read the terms of use (and privacy policy) of any third-party Web site you visit.

Online Bill Pay

The Services may permit online payments. To submit any online payments for an Amica insurance policy to our Services, you must be at least the applicable age of majority in your jurisdiction of residence. If you choose to make an online payment, you will be taken to our third-party payment processor’s Web site and you will be prompted to supply your payment information. By submitting that information to our credit or debit card processor, you hereby agree that you authorize us and/or our processor to charge your credit or debit card at our convenience, but within thirty (30) days of credit or debit card authorization. You hereby represent and warrant to us that you will not use any credit or debit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your payments (including any applicable taxes) at the rates in effect when the charges were incurred. If Amica does not receive payment from your credit or debit card issuer or its agent, you agree to pay all amounts due upon demand by Amica or its agents.

Modifications to Policies, Prices and Terms

By providing information or other Services Content such as insurance policy descriptions on our Services, Amica does not in any way promise that the information or Services Content will remain available to you or that you will qualify for any of the products or services we offer. AMICA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEB SERVICES OR BY E-MAIL DELIVERY TO YOU.

In accordance with various applicable insurance laws and other regulatory restrictions, insurance products and services referenced on the Services may not be available or suitable for all jurisdictions and may not be offered by all the insurers within Amica.

Except as expressly stated herein, the information contained on these Services is not an offer to sell, bind or issue, or a solicitation to purchase, any insurance product or other product or service by Amica. Rather, the information on our products and services is provided to you so you can learn what products Amica generally offers. Please contact a designated Amica representative or your insurance broker to find out which products and services are available to you in your jurisdiction. We may make improvements and/or changes to the products, services and/or programs described on these Services at any time without notice to you.

The Services do not amend, modify or supplement any insurance policy. Consult the actual insurance policy or your insurance broker or contact us for the name of a representative who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services offered by Amica is subject to final determination of our underwriting qualifications and acceptance by Amica’s underwriting insurance company providing such products or services.

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 Web sites 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 Web sites.

User Generated Content

The Services may permit the submission of certain user-generated text, information, ‎data, audio, ‎photographs, files or other content (“User Submissions”) and the ‎hosting, sharing, transmission ‎and/or publishing of such User Submissions. User ‎Submissions may be used, distributed and ‎published by us and viewed by other users of the Services.  You understand that ‎we do not ‎guarantee any confidentiality with respect to any User Submissions.‎

‎You shall be solely responsible for your own User Submissions and the ‎consequences of ‎submitting, posting or publishing them. In connection with User ‎Submissions, you affirm, ‎represent, and warrant that: (i) you own or have the ‎necessary licenses, rights, consents, and ‎permissions to use and authorize us to ‎use all copyrights, trademarks, trade secrets, patents or ‎any other proprietary or ‎personal rights in and to your User Submissions to enable inclusion and ‎use of ‎such User Submissions in the manner contemplated by the Services and these Terms of Use; ‎‎(ii) ‎submitting, posting or publishing your User Submissions on or through the Services ‎does not and will ‎not violate any confidentiality obligations between you and ‎any person or organization or the ‎privacy rights, publicity rights or other rights of ‎any person; and (iii) you have the written consent, ‎release, and/or permission of ‎each and every identifiable person or organization in your User ‎Submissions to use ‎the name or likeness of each and every such identifiable person or ‎organization ‎to enable inclusion and use of the User Submissions in the manner contemplated ‎by ‎the Services and these Terms of Use.  You further affirm, represent and warrant that your ‎User Submissions ‎are not defamatory or libelous in any manner whatsoever. ‎

You will retain all ownership rights in your User Submissions. By submitting a User Submission to us you hereby grant to us a perpetual, ‎‎worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and ‎transferable license to ‎use, post and store User Submissions on our Services and ‎servers and publish, copy, distribute and ‎display such User Submissions in connection ‎with the Services and Amica’s (and its successor’s) ‎business, including without ‎limitation the right to distribute such User Submissions to other users ‎and third ‎parties.  You further hereby waive any and all moral rights and all rights of a ‎similar ‎nature in any jurisdiction in your User Submissions.‎

‎In connection with any User Submissions, you further agree that you will not: (i) ‎submit or publish ‎falsehoods, misrepresentations or statements that could ‎damage us or any third-party; (ii) submit ‎material that is false, misleading, ‎inaccurate, derogatory, unlawful, obscene, defamatory, contains ‎nudity, ‎libelous, threatening, sexually explicit or pornographic, harassing, hateful, ‎intimidating, ‎racially or ethnically offensive, or encourages conduct that would ‎be considered a criminal ‎offense of any federal, state or local law, give rise to ‎civil liability, violate any law, or is otherwise ‎inappropriate or objectionable; (iii) ‎post advertisements or business solicitations, including any ‎‎“junk mail” or “spam;” ‎‎(iv) impersonate another person, institution or organization or falsely state ‎or ‎otherwise misrepresent yourself, your age or your affiliation with any third-party, ‎organization, ‎institution or person; (v) upload, post, store or otherwise make ‎available any virus, bug, Trojan ‎horse or other computer file or program that is ‎capable of destroying, interrupting or interfering ‎with or limiting the functionality ‎of the Services or any server, computer hardware, software or ‎equipment. We do not ‎endorse any User Submissions or any opinion, recommendation, or advice ‎‎expressed therein.  We reserve the right to remove or revise ‎User Submissions ‎without prior notice.  We also reserve the right to decide ‎whether a User ‎Submission is appropriate and complies with these ‎Terms of Use for violations other than copyright ‎infringement and violations of ‎intellectual property law, such as, but not limited to, trademark ‎infringement, ‎violations of rights of publicity or privacy, obscene or defamatory material, or ‎‎excessive length.  We may remove such User Submissions and/or terminate a ‎user’s ability to ‎access and/or distribute such material in violation of these Terms of Use ‎at any time, without prior notice ‎and at our sole discretion. ‎

‎You understand that when using the Services, you may be exposed to User Submissions ‎and third-‎party information from a variety of sources and that we are not ‎responsible for the accuracy, ‎usefulness, or intellectual property rights of or ‎relating to such User Submissions and third-‎party information. You further ‎understand and acknowledge that you may be exposed to User ‎Submissions ‎that are inaccurate, offensive, indecent, or objectionable, and you agree to ‎waive, ‎and hereby do waive, any legal or equitable rights or remedies you have ‎or may have against us ‎with respect thereto.‎

Digital Millenium Copyright Act

Notification. If you are a copyright owner or an agent thereof and believe that ‎any User ‎Submission or other Services Content infringes upon your copyright, you may ‎submit a written ‎notification pursuant to the Digital Millennium Copyright Act ‎‎(“DMCA”) (see 17 U.S.C. 512(c)(3) ‎for further information) by providing our ‎Copyright Agent (listed below) with the following ‎information:‎

  1. an electronic or physical signature of a person authorized to act on ‎behalf of the ‎owner of an exclusive right that is allegedly infringed;‎
  2. a description of the copyrighted work claimed to have been infringed or ‎if multiple ‎copyrighted works are covered by a notification, a ‎representative list of such works at our Services;‎
  3. a description of the location on the Services of the allegedly infringing ‎material(s);‎
  4. your address, telephone number, and e-mail address;‎
  5. a written statement that you have a good faith belief that use of the ‎material(s) in ‎the manner complained of is not authorized by the ‎copyright owner, its agent, or the law; and
  6. a written statement that the information in the notification is accurate, ‎and under ‎penalty of perjury, that you are authorized to act on behalf of ‎the owner of an exclusive right that ‎is allegedly infringed.‎

Our designated Copyright Agent for notice of claims of infringement is:‎

Copyright Agent‎, Legal Department
‎Amica Mutual Insurance Company
100 Amica Way
Lincoln, RI 02865‎
copyright@Amica.com

Only notices of alleged copyright infringement should go to the Copyright Agent; any other ‎‎feedback, comments, requests for technical support, and other communications should be directed to customer service at WebComments@Amica.com. You acknowledge that if you fail to ‎‎comply with all of the notice requirements of the DMCA, your notice may not be valid.‎

Counter-Notification. If you believe that any User Submission of yours that was ‎removed is not ‎infringing, or that you have the appropriate rights from the ‎copyright owner or third party, or ‎pursuant to the law, to post and use the ‎material in your User Submission, you may send a ‎counter notification containing ‎the following information to the Copyright Agent: (i) your physical ‎or electronic ‎signature; (ii) identification of the material that has been removed or to which ‎access ‎has been disabled and the location at which the material appeared ‎before it was removed or ‎disabled; (iii) a statement (under penalty of perjury) ‎that you have a good faith belief that the ‎content was removed or disabled as ‎a result of mistake or a misidentification of the material; and ‎your name, address, ‎telephone number, and e-mail address, along with a statement that you ‎‎consent to the federal court of your jurisdiction and a statement that you will ‎accept service of ‎process from the person who provided notification of the ‎alleged infringement.‎

If a counter notification is received by the Copyright Agent, we shall send a copy of such ‎counter ‎notification to the original notifying party.  The original notifying party shall have ten ‎‎(10) business ‎days to file an action for copyright infringement and seek a court order ‎against the content ‎provider or user posting such material.  If no such infringement action is ‎filed within such 10 ‎business days, we may, in our sole discretion, reinstate the removed ‎material or cease disabling ‎such material.‎

‎In accordance with the DMCA and other applicable law, we will, in appropriate ‎circumstances, ‎terminate access, at our sole discretion, of any user ‎that we find to be a repeat ‎infringer of others’ copyrights. We may also, in our ‎sole discretion, limit or fully terminate access to ‎the Services of any user infringing the ‎intellectual property rights of others, regardless of whether such ‎user is repeat ‎offender or not.‎

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback ‎or ‎other information provided by you to Amica through the Services are not confidential ‎and you ‎grant us a worldwide, royalty-free license to distribute, publish, modify, edit or ‎otherwise use your ‎submissions. Amica shall be entitled to the unrestricted use and ‎dissemination of these ‎submissions for any purpose, commercial or otherwise without any ‎acknowledgement of or ‎compensation to you.‎

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 Services Content 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, SERVICES CONTENT 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, SERVICES CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, SERVICES 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 OR SERVICES CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AMICA NOR ANYONE ASSOCIATED WITH AMICA REPRESENTS OR WARRANTS THAT THE SERVICES, SERVICES 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 SERVICES 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.

Documents, information, graphics and other materials appearing on the Services may include ‎‎‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎‎‎such documents, information, graphics or other materials is at your own risk.‎

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 WEB SITES LINKED TO THEM, ANY SERVICES CONTENT OR CONTENT ON SUCH OTHER WEB SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY OTHER WEB SITES, 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). Subject ‎to the dispute resolution and arbitration provisions set forth below, you hereby consent ‎‎and ‎submit to the person jurisdiction of the state courts located in Providence, Rhode Island and the ‎federal ‎courts ‎located in Providence, Rhode Island.

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:

  1. 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.
  2. Send one copy of the Demand for Arbitration to the other party.

Special rules in the Arbitration Proceeding.‎

  • Except for errors of law, the arbitrator’s decision is final and binding on all ‎‎parties ‎and may be enforced in any court that has jurisdiction.‎
  • Neither you nor Amica shall be entitled to join or consolidate claims in ‎‎‎Arbitration by or against other individuals or entities or arbitrate any claim as a ‎representative ‎‎member of a class or in a private attorney general capacity.‎

 

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ‎ANY ‎‎CLASS OR CONSOLIDATED ACTION WHATSOEVER.‎

Accordingly, you and Amica agree that the AAA Class Action Rules do not apply to our ‎‎‎Arbitration. A court may sever any portion of this dispute resolution provision if it finds such ‎‎‎provision unenforceable, except for the prohibition on class, representative and private attorney ‎‎‎general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, ‎you ‎‎may assert an individual Claim in small claims court in lieu of Arbitration.‎

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.

Mobile Application Additional License Terms

In the event you download and use the Amica mobile application (“App”), the following terms apply:

By using the Amica App, you accept and agree to be bound and abide by these license terms, Amica’s Online Privacy Policy and the remainder of Amica’s Terms of Use. If you do not agree to these application terms, Amica’s Online Privacy Policy or the remaining of Amica’s Terms of Use, you may not install, copy, download, access or otherwise use the App or its content. Amica reserves the right to modify these App terms at any time. Your continued use of the App will constitute your acceptance of any revisions to these terms and the Terms of Use in general.

Grant of License. Amica grants you a personal, non-commercial, nonexclusive, nontransferable, limited and revocable license to use the App on a smartphone running Android or iOS software that you own or control in accordance with these terms. This license does not allow you to rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any Upgrades (defined below), or any part thereof (except as and only to the extent any foregoing restriction is not prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of Amica’s rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the App for any commercial purpose, in any anti-competitive or unlawful manner, or for any purpose, which would be contrary to Amica's business interest. All rights not specifically and expressly granted to the App under these terms are reserved by Amica. These terms govern any Upgrades provided by Amica that replace and/or supplement the original App, unless such upgrade is accompanied by separate or additional terms; in which case those terms will govern. 

The App is licensed, not sold. The license granted herein confers no title or ownership in the App and should not be construed as a sale of any rights in the App. These terms and the Terms of Use will govern any Upgrades provided by Amica that replace and/or supplement the original App, unless such Upgrade is accompanied by separate terms, in which case those terms will govern.

These additional App terms and the Terms of Use do not change or amend in any way: 1) the Google Play Terms of Service found at https://play.google.com/intl/en_ca/about/play-terms.html, as may be amended by Google from time to time or 2) the Apple Media Services Terms and Conditions, found at https://www.apple.com/legal/internet-services/itunes/us/terms.html, as may be amended by Apple from time to time, whichever is applicable to you.

Use Restrictions. You may not store, modify, reproduce, transmit, distribute, repost, publicly display or otherwise use any content on the App, or the design or layout of the App or individual sections of it, in any form or media except with the express prior written permission of Amica. The commercial use, reproduction, reposting, public display, transmission or distribution of any information, software, logo or other material available through the App is strictly prohibited. You agree that You will not use the App (or any data provided to you by the App) for any safety of life applications or for any other application in which the use of, or inability to use, or the accuracy, completeness or reliability of the App (or any data provided to you by the App) could create a situation where death, personal injury, property damage or environmental damage may occur.

Push Notifications. You acknowledge that by downloading, installing or using the App and/or accepting these terms and the Terms of Use: (i) if you are using the Android version of the App you are aware that the App uses Amazon Simple Notification Service (“SNS”) to deliver certain Google Cloud Messaging push notifications to your smartphone regarding your use of the App; and (ii) if you are using the iOS version of the App, that you are aware that the App uses Amazon SNS to deliver certain Apple  push notifications to your smartphone regarding your use of the App. You may enable and disable push notifications by using the applicable settings within Your iOS or Android smartphone.

Cellular or Wireless Service. You may be charged for data usage in connection with your use of the App when connected to your wireless service provider’s data networks. Amica encourages you to use WiFi wherever available when using the App. You hereby acknowledge and agree that your use of the App may lead to excess data charges and that you are solely responsible for any such data charges that you may incur in connection with your use of the App.

Use of Electronic Devices and Software While Driving. As a condition of use of the App, you promise not to use the App for any purpose that is prohibited by applicable local, state, national and international laws and regulations, including laws regarding distracted driving. You are responsible for your use of the App and agree that such use is at your own risk.

System Requirements. The App may be used on a smartphone running Android or iOS software (whichever is relevant to you) that meets the system requirements specified by Amica. Amica is not required to supply any required hardware and/or software for proper operation of the App. When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, Web site, technology or service that interacts with the Services.

Upgrades. The App also includes any patches, updates and supplements to the App (“Upgrade”) provided to you by and at Amica’s sole discretion. Any such Upgrade to the App provided by Amica is subject to these terms and our Terms of Use, as may be amended from time to time.

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, App terms other than as third-party beneficiary as contemplated below.

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

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

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

(v) Notwithstanding anything to the contrary herein, and subject to these terms, 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 confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vi) 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.

(vii) 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.

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

These 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.

Your Comments and Concerns

The Services are operated by Amica Mutual Insurance Company, 100 Amica Way, Lincoln, RI 02865.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to WebComments@amica.com.

Thank you for visiting the Services.