Terms of Use

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These Terms of Use are provided by AmGUARD Insurance Company, AZGUARD Insurance Company, EastGUARD Insurance Company, NorGUARD Insurance Company, and WestGUARD Insurance Company members of Berkshire Hathaway GUARD Insurance Companies (collectively, “GUARD”).

The material provided on the guard.com website, including the information and any images incorporated in the site, is for your personal private non-commercial use only. You may not modify, republish, post or transmit anything you obtain from this website, including anything you download from the site, unless you first obtain our consent. You agree not to engage in systematic retrieval of data or other content from guard.com. We request that you not create any kind of hyperlink from any other site to ours unless you first obtain our permission.

Due to possible linguistic differences, advertising statements in Spanish may not necessarily reflect the content of the policy written in English. In the event of a dispute concerning policy terms, the policy written in English will apply.

It is very important that you read the next two sections carefully.

LIMITATION OF LIABILITY

GUARD WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF (OR INABILITY TO USE) THE SITES; (2) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM ITS WEBSITES; (3) FAILURE OF PERFORMANCE; (4) ERROR; (5) OMISSION; (6) INTERRUPTION; (7) DEFECT; (8) DELAY IN OPERATION OR TRANSMISSION; (9) COMPUTER VIRUS; OR (10) LINE FAILURE. WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHICH ARE DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY, DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY, OR OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY. FURTHERMORE, EXCEPT AS PROVIDED BELOW, WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES—OR BOTH.

HOWEVER, IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL NOT BE GREATER THAN THE AMOUNT YOU HAVE PAID TO ACCESS OUR SITES.

DISCLAIMER

THE MATERIAL ON OUR SITES IS PROVIDED AS IS. THIS MEANS THAT GUARD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES. THIS INCLUDES, BUT IT IS NOT LIMITED TO, WARRANTIES THAT: (1) THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR IS FIT FOR A PARTICULAR PURPOSE; (2) THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT OUR SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONDITIONS; OR (5) THAT INFORMATION CONTAINED IN THE SITES IS ACCURATE AS OF ANY PARTICULAR DATE.

We sometimes provide access to other World Wide Websites from our sites or you may have reached our site from another site. However, we do not endorse or approve any products or information offered to you at sites you may reach from our sites or from which you may have reached our site. The Uniform Resource Locator (URL) address in your web browser will tell you if you are still in the GUARD site or have moved elsewhere.

By providing material on our website GUARD does not in any way promise that the materials will remain available to you or that you will qualify for the products we offer. GUARD is entitled to terminate all or part of any of its Websites at any time, without notice to you.

When you select a password and sign-up in order to access GUARD’s online policyholder services, you agree to the following conditions:

  • GUARD is authorized to act on instructions received under your password without any requirement to question those instructions;
  • GUARD is not liable for any unauthorized access to your personal information that is not directly due to the negligence of GUARD;
  • Your password contains sensitive information and you will keep it confidential and secret;
  • You will notify GUARD immediately if you believe anyone else has learned your password or if you believe an unauthorized access to GUARD or your personal information has occurred or may occur;
  • GUARD may deny access or block any transaction made under your password without prior notice if we believe your password 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.
  • Violating the Terms and Conditions of Website Use may lead to a revocation of GUARD website access privileges.

RULES OF CONDUCT

You must not post, transmit or otherwise make available any materials through or in connection with the GUARD website or online services that may be illegal or objectionable to GUARD; or use the GUARD website or online services in any manner that may be illegal or objectionable to GUARD.

  • Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Prohibited activities include, without limitation:
    • harvesting or collecting information about users of the website or services;
    • interfering with or disrupting the operation of the website or services, or the servers or networks used to make them available;
    • exploiting any portion of (or using) the website or services except as expressly authorized herein;
    • reverse engineering, decompiling or disassembling any portion of the website or services, except where such restriction is expressly prohibited by applicable law; and
    • using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather content of the website or services, or reproduce or circumvent their navigational structure or presentation.

PRIVACY

All information collected from users of our sites is subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our Privacy Policy.

JURISDICTION

Unless otherwise specified, the materials in our site are presented to provide information about GUARD, our insurance products, and the insurance business. GUARD operates and controls its sites from the Company’s headquarters in Wilkes-Barre, Pennsylvania, in the United States of America, and Pennsylvania law shall govern and control any action concerning the GUARD sites. We do not in any way imply that the materials on the sites or the products we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction. By completing an online request for a rate quote, you are confirming that you are not a resident in any such jurisdiction.

By using the guard.com website, you agree to these Terms and Conditions of Website Use.

MISCELLANEOUS

These Terms and Conditions of Website Use, and the agreement they create, shall be governed by and interpreted according to the laws of the Commonwealth of Pennsylvania, without giving effect to Pennsylvania’s conflict of laws principles.

If any provision of this agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions.

GUARD may modify these Terms and Conditions of Website Use, and the agreement they create, at any time, simply by updating this posting or the information on its website and without notice to you.