Welcome to The General's^® websites which are owned and operated by Sentry Insurance Company and/or its subsidiary and affiliated companies (collectively, “Sentry”). These website Terms and Conditions of Use (“Terms”) contain the terms and conditions upon which Sentry is willing to provide you access to and use of this Sentry website and all related pages, mobile applications, information, databases, materials and services (collectively, the “Site”), and govern (i) any payment of premiums or, renewals, or otherwise that you make to Sentry through the Site, (ii) any request you make to Sentry to subscribe to any Sentry mailing list, and (iii) your use and purchase of any products, policies, and/or services available through the Site (collectively, the “Services”).

These Terms form a contract between you and Sentry. If you do not agree to be bound by these Terms, you may not access or use the Site or the Services. Use of the Site or purchase or use of the Services indicates your acceptance of these Terms, Sentry’s Website Privacy Policy and any other separate terms and conditions you expressly agree to be bound by when purchasing or using such Services.

Please scroll down through these Terms to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions. YOUR USE OF ANY PORTION OF THE SITE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.

If you have questions regarding these Terms, please contact Sentry by phone at 1-800-280-1466 or by email at customerhelp@thegeneral.com.

License

You may only use this Site if you are at least 13 years of age. By accessing any portion of the Site, you have a limited license to use the Site and Services, including 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, subject to any other terms and conditions of use and/or payment in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and Sentry.

Updating Terms

Sentry 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 Services or any part of the Services. You should review these Terms periodically for changes. Any amendments and modifications by Sentry will be prospective only, and unless otherwise provided in the Terms, 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. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

If you have an account or other relationship with Sentry 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 Sentry 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 Sentry with respect to the use of the Site.

Services Information

Without limiting the disclaimer language in these Terms, the Services information contained on this Site is believed to be accurate at the time of posting. However, occasionally Sentry may find it necessary to make revisions. Sentry reserves the right to make all such changes without notice. Additionally, Service availability varies by state. Not all of the Sentry companies are licensed in each state. Therefore, you can confirm the Services information for The General^® branded products or services by contacting Sentry by phone at 1-800-280-1466 or by email at customerhelp@thegeneral.com.

Site Registration, Application Information, and Unauthorized Use

When you register, sign-up for, purchase, or make payments on any Sentry products or services, whether through the payment process, purchasing process or otherwise, 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, Social Security Number, driver’s license number, credit card and financial information, and other personally identifiable information (collectively, “Application Information”).

You agree not to provide Application Information that is false, inaccurate, misleading, or fraudulent. You agree to provide Sentry with any information reasonably requested by Sentry related to the provision of the Services. You are solely responsible for all transactions and transmissions that occur through the use of your Application Information, and it is your responsibility to maintain and promptly update your Application Information. You agree that Sentry is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Sentry of your Application Information. It is your responsibility to maintain the confidentiality of your Application Information, including your password for the Site. This will assist in preventing unauthorized use or misuse of the Site and protects you, Sentry and other Site users.

If you believe that someone has used your Application Information to access any Sentry products or services without your authorization, please contact Sentry immediately by phone at 1-800-280-1466 or by email at customerhelp@thegeneral.com.

Restrictions on Use of Sentry Materials on the Site

Your use of 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 Sentry at any time under the circumstances described in these Terms.

Sentry or its content providers own all of the content, materials, and other intellectual property related to the Site and the Services, 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 Sentry'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 Sentry.

You further agree you may not:

1. Use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, 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;
2. Copy (except as set forth above for non-commercial personal use), modify, distribute, create any derivative or compilation work from, or display Sentry’s name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;
3. Use any device or software designed to provide repeated automated access to the Site other than those made generally available by Sentry;
4. Include any Sentry logos, slogans, or trademarks whether registered or not, or any names of various products and services described within and offered by Sentry or any other Sentry trademarked materials, the name of any Sentry 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 Sentry and you, any other party, or any other website, or otherwise use these items without Sentry’s express written permission;
5. Collect, harvest or store personal data about other users of the Site;
6. Upload, e-mail or otherwise transmit to Sentry or through the Site or any Sentry 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 e-mail, “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 Sentry;
7. Create a link to the Site without Sentry’s prior written permission;
8. Use the Site to advertise or perform any commercial solicitation;
9. 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;
10. Use any robot, spider, scraper, or any other automated means to access the Site or the Services for any purpose without Sentry’s express written permission;
11. Forge any TCP/IP packet header or any part of the header information in any e-mail or posting;
12. Take any action that Sentry believes, in its sole discretion, imposes, or may impose an unreasonable or disproportionately large load on the Sentry infrastructure;
13. Interfere or attempt to interfere with the proper working of the Site, the Services, or any activities conducted on the Site;
14. Bypass measures used by Sentry to prevent or restrict access to the Site or the Services, 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 Sentry; or
15. Contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

Sentry reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities. Sentry does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does Sentry 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.

You hereby grant Sentry a royalty-free, irrevocable, transferable right and license to use any comments, ideas, suggestions, information, files, images or other materials you submit, upload or post to Sentry or the Site (“Submissions”) however Sentry desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Sentry is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.

You hereby grant Sentry the right to use the name that you submit in connection with any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Sentry takes no responsibility and assumes no liability for any Submissions submitted by you or any third party.

You agree to defend, indemnify and hold Sentry harmless from and against all third- party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Sentry arising out of any Submissions you post or allow to be posted to the Site.

Please review the Site’s Privacy Policy for more information regarding Sentry’s policies and procedures for disclosing and using your personal information.

Termination, Removal of Materials, and Monitoring

These Terms are effective until terminated by either party. 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 Sentry 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. Sentry 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 Sentry’s sole discretion, may create liability for Sentry, its agents or its contractors or may affect Sentry’s business relationships or contracts with its agents or its contractors. Sentry further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though Sentry 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 Sentry 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 Sentry from any liability related to its monitoring activities. If Sentry 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, Sentry 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 the Services.

Accuracy of Materials

Although Sentry attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Materials. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Sentry so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Sentry shall have no responsibility or liability for information or Materials posted to the Site from any non-Sentry affiliated third party.

Website Links and Third-Party Information on the Site

For your general informational use only, Sentry may provide access to third- party websites. These links allow you to leave the Site. Sentry 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 Sentry or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third- party website to which Sentry may link). By providing access to other websites, Sentry 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. Sentry 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.

Sentry may include third- party information on the Site for general informational purposes only. Sentry is unable to verify the accuracy or completeness of third- party information posted to the Site or accessible from the Site. Your acceptance of these Terms indicates that you agree Sentry does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third- party content and Sentry 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 Sentry 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 make the third parties or your partners or joint venturers with Sentry, or otherwise provide you or any third parties with any rights to act on Sentry’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 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.

YOU AGREE THAT SENTRY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “SENTRY PARTIES”) HAVE NO LIABILITY TO YOU FOR ANY DIRECT CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT YOU CLAIM ARISE FROM THE USE OF THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE. THE MAXIMUM LIABILITY OF THE SENTRY PARTIES IS LIMITED TO THE LESSER OF THE AMOUNT (IF ANY) PAID BY YOU TO SENTRY TO PURCHASE THE PARTICULAR PRODUCTS OR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, OR THE AMOUNTS PAID BY YOU TO SENTRY TO PURCHASE PRODUCTS OR SERVICES IN THE THREE (3) MONTHS PRECEDING ANY CLAIM WHERE YOUR CLAIM DOES NOT RELATE TO PRODUCTS OR SERVICES PURCHASED, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO SENTRY. 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 SENTRY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE SENTRY PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

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 SENTRY PARTIES 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 SENTRY, 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 SENTRY’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 SENTRY.

Any references on the Site to product or service warranties provided by Sentry related to products or services already purchased by you are provided for informational purposes only. These references are not intended to extend, republish, or modify any warranties that accompanied the products or services at time of purchase or to create new warranties. When you provide Sentry with an e-mail address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold Sentry responsible for any misuse or unauthorized viewing of that information.

Blog disclaimer

The general information contained in any blog in this Site is for informational or entertainment purposes only. The information in this blog is provided “AS-IS” WITHOUT ANY WARRANTIES of any kind. Sentry does not accept any responsibility related to the content or accuracy of the information contained in any blog in this Site. The information contained in any blog should not be mistaken for professional or legal advice. Any use of any blog or any third-party website linked to any blog is at the risk of the user.

SENTRY IS NOT LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY BLOG IN THIS SITE OR ANY THIRD-PARTY WEBSITE LINKED TO ANY SUCH BLOG.

The views and opinions contained in third-party websites referenced in any blog are the views and opinions of third-party authors and may not represent the opinions or policies of Sentry.

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify the Sentry Parties (and any of its 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 Sentry.

Applicable Law

Sentry 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 Sentry and your use of the Site.

Waiver

No failure to exercise and no delay in exercising, by Sentry, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by Sentry 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 Sentry.

Copyright Agent for Claims of Copyright Infringement

We disclaim any responsibility or liability for third- party copyrighted materials posted on our Site. Pursuant to the Digital Millennium Copyright Act, Sentry 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 Sentry’s designated agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. 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
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Sentry’s designated agent for notification may be contacted at:

Sentry Insurance Group
Attention: Copyright Manager

1800 North Point Drive
Stevens Point, Wisconsin 54481

715-346-6012
copyright.manager@sentry.com

Dispute Resolution

If a dispute arises between you and any of the Sentry Parties, it is the goal of Sentry 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 the 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. If you fail to commence binding arbitration within one year after such Claim accrues, 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 the 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 Sentry 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 Wisconsin. Any matter brought before a court shall be brought solely in the state or federal courts located in Wisconsin. The parties hereby waive their right to a jury trial.

Marketing Messages

With your prior consent to opt-in, our representatives may place autodialed and/or prerecorded telemarketing calls and/or texts about your quote to the number provided. Consent is not a condition of purchase.

Text Messages: Message & data rates may apply. Message frequency varies. To stop receiving text messages from us, text STOP to 737373. If you elect to stop receiving text messages, you will receive a final text confirming that your number has been unsubscribed. For help, text HELP to 737373 or call support at 1-800-280-1466.

You agree that by opting-in to receive autodialed and/or prerecorded telemarketing calls and/or texts about your quote, this confirms your ability and consent under the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C.A. § 7001 et seq., and the Uniform Electronic Transactions Act (UETA) as enacted in various states, to receive the opt-in disclosure concerning these communications and these terms and conditions electronically from us. You will need the following to access this information on our website: (1) a computer, tablet, or phone capable of accessing the internet (2) an internet service provider and (3) an internet browser capable of viewing our website. If you do not consent to receive the opt-in disclosure and these terms and conditions electronically from us, you may be restricted from receiving autodialed and/or prerecorded telemarketing calls and/or texts about your quote.

By opting-in to receive autodialed and/or prerecorded telemarketing calls and/or texts about your quote, you acknowledge that you have read, understand, and agree to these Terms & Conditions.

Account Alerts

Text Messages: Account Alerts Program - With your prior consent to opt-in for text messages regarding your policy, we will send text messages to your mobile device. The frequency of the messages will depend on your account activity. We do not charge for this service but message and data rates may apply from your carrier. You can log into your account to change your profile settings. To stop receiving text messages from us, text STOP to 737373. If you elect to stop receiving text messages, you will receive a final text confirming that your number has been unsubscribed. For help, text HELP to 737373 or call support at 1-800-280-1466.

Phone Messages: Account Alerts Program - With your prior consent to opt-in for automated phone messages regarding your policy, we may deliver messages to your land-line or mobile phone. The number of messages we will leave on your land-line or mobile phone will vary depending on your account activity. To stop receiving automated phone messages during delivery of the recorded call press 9 or after the call ends please call support at 1-800-280-1466, option 9 to opt-out. You can call customer service at any time for assistance or log into your account to change your profile settings for automated messages.

• At this time, we cannot accept questions or policy changes via text; those should continue to be handled by accessing your account or by contacting us at 1-800-280-1466.
• Alerts sent via SMS (texting service) may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be received timely and that your wireless carrier does not guarantee that alerts will be delivered. Likewise, we cannot guarantee timeliness or delivery and we are not liable for losses or damages arising from non-delivery, delayed delivery, or misdirected delivery of a text message.
• Text messages to us can never be used to contact 911 or other emergency services.
• SMS text message notifications may be delayed or not received during regional emergencies or other periods of high messaging traffic.
• Third parties can send SMS text messages disguised as alerts from The General^® and therefore you are urged to verify independently the authenticity of any message that you receive.
• SMS text message notifications from us will be presented on your mobile device in the same manner as any other SMS text messages. You accept that each text message may not be encrypted, and may contain information about your policy.
• We will send text messages using automated technology. If your mobile number is disconnected or transferred to a different mobile carrier, you must complete the consent process at The General^® for your new mobile phone number.
• The General^® is working with AT&T, Verizon Wireless, T-Mobile^®, Metro PCS, Sprint, Boost, Virgin Mobile, U.S. ^®, and others. Customers who use a different carrier should contact their mobile carrier to determine if this service is available and the cost associated with texting.
• The mobile carriers are not liable for delayed or undelivered messages.
• Because many phone companies recycle phone numbers, it is possible for customers who purchase a new phone to receive messages that the previous owner had subscribed to or otherwise consented to receive. The General^® will periodically purge phone numbers that have been reassigned or discontinued after being notified by the phone companies of discontinued/recycled phone numbers.
• Customers are not required to provide consent to receive text messages as a condition of purchasing any goods or services.
• By consenting to receive text messages from The General®, the customer is stating that they are over the age of 13 years and that they wish to receive text communications from The General^®. Consent can be given via email, web site form, text message, telephone key press or voice recording.
• We reserve the right to terminate this text messaging service, in whole or in part, at any time without notice.

Claims Texting - Hi Marley

Hi Marley is a text messaging program administered through a third-party vendor that will provide you with information regarding your claim with Sentry via text messaging. This has no impact on your policy or coverage as it may relate to a claim.

Your participation in the Hi Marley program is expressly conditioned upon your acceptance of the terms and conditions of this Claims Texting – Hi Marley section. We may modify these terms and conditions or discontinue the Hi Marley program without notice at any time at our discretion. Your continued participation in the Hi Marley program is your acceptance of these terms & conditions along with any such changes. Any and all terms defined in this Claims Texting - Hi Marley Section will only apply to this Claims Texting - Hi Marley Section itself, and nowhere else in the broader terms and conditions published here. In the event of any conflicting terms between this Claims Texting - Hi Marley Section and any terms or conditions of the broader Terms and Conditions published here, the terms of this Claims Texting - Hi Marley Section will supersede and control only with respect to the Hi Marley program.

Hi Marley does not have a separate charge for this service, but message and data rates may apply from your mobile carrier. By providing your consent to participate in this program, the account holder approves any such charges from their mobile carrier. You may contact us at any time to change these preferences.

If you have provided us with your mobile number, we have your consent to send you automated texts to service your claim. Your consent allows us to use text messaging for information and claim servicing. You are not required to consent to the agreement as a condition of purchasing any property, goods or services.

How to Opt-in: You may sign up for the Hi Marley text messaging program by responding ‘Yes’ to the welcome message that will be sent from your claims adjuster.

By opting-in to this service, the number of text messages received and sent may vary depending on account activity and your participation in this text messaging program.

After signing up, you will receive an invitation text message from Hi Marley asking you to confirm your enrollment request. The message states: “Hi {FirstName}, I’m Marley, your virtual assistant on behalf of The General. To text with your claim representative, please review and agree to the terms/privacy policy (himarley.com/tp) by respond ‘Yes.’ Msg and data rates may apply. Msg freq varies. Reply HELP for help or STOP to opt out.”

How to Opt-out: To stop receiving text messages reply STOP. You can also notify your claims adjuster directly, and they will remove you from texting. You may receive a confirmation of your request.

By enrolling in this subscription program, you consent that following such a request to unsubscribe, you may receive a standard rate message stating: “First Name, you successfully unsubscribed from Marley Texting. If you change your mind, simply text ‘YES’ to reactivate at any time.”

We reserve the right to terminate this text messaging service, in whole or in part, at any time without notice. The information in any text message may be subject to certain time lags and/or delays.

Supported Carriers: Hi Marley will support all mobile carriers based on their ability to support SMS.

Interruption: Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The Hi Marley program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of Sentry’s control, and Sentry is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the Hi Marley program. If the Hi Marley program is not available within your intended location, you agree that your sole remedy is to cease using the Hi Marley program.

Revisions: Sentry may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Sentry’s website. You agree to review these Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive text messages will indicate your acceptance of those changes.

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, visit thegeneral.com to review our policy.

Third Party Vendor: By agreeing to these Terms and Conditions, you acknowledge and understand that Sentry has engaged a third party to administer the texting program contemplated by these Terms and Conditions. Sentry is not responsible for, and has no control over, any third-party actions or omissions, intentional or unintentional.

Usage-Based Insurance Programs

Sentry offers several usage-based insurance programs that use certain data to adjust insurance premiums, including The General Safe Driver Discount Program and MyDrive^™ Safe Driver Program (collectively “Programs”). The programs are administered by Cambridge Mobile Telematics, Inc. ("Administrator") on behalf of Sentry through a downloadable smartphone application, also known as the 'app'. This document contains important information about your rights, obligations, benefits, and limitations when participating in a Program. You should read it carefully before deciding to participate.

Your participation in a Program is expressly conditioned upon your acceptance of these Terms & Conditions. We may modify the Terms & Conditions or discontinue the Program without notice at any time at our discretion. Your continued participation in a Program is your acceptance of these Terms & Conditions along with any such changes. Any and all terms defined in this Usage-Based Insurance Programs Section will only apply to this Usage-Based Insurance Programs Section itself, and nowhere else in the broader terms and conditions published here. In the event of any conflicting terms between this Usage-Based Insurance Programs Section and any terms or conditions of the broader Terms and Conditions published here, the terms of this Usage-Based Insurance Programs Section will supersede and control only with respect to the Programs.

Programs Overview: Your participation in a Program allows Sentry to collect information about your driving behavior as captured by the app on your smartphone. By participating, your policy may qualify for a discount or rating adjustment which will impact your policy premium. If you are a participant of the MyDrive^™ Safe Driver Program, you will be able to access your driving information through the app which may help you understand your driving behaviors and possibly become a safer driver.

Eligibility & Additional Provisions: The following are necessary to participate in The General Safe Driver Discount Program:

• The named insured listed on The General auto insurance policy must have previously satisfied the enrollment and app usage requirements.
• The General has discontinued offering new enrollments and support for the app in this Program.

The following are necessary to participate in the MyDrive^™ Safe Driver Program:

• The General auto insurance policy must be active and the named insured listed on the policy must agree to participate in the Program.
• Once the named insured has enrolled in the program other active drivers on the policy can also enroll.
• The program is not available to drivers that are excluded from, or not rated on, the policy.
• You must download the app to your smartphone and begin using it within 28 days of enrollment or you will be unenrolled from the program.
• The named insured’s enrollment must be completed using the same phone number in the app as was used when purchasing The General auto insurance policy to receive the discount or rating adjustment.
• You must agree to these Terms & Conditions.
• By enrolling in the Program, you agree to receive emails and automated text messages concerning the Program and/or the smartphone app to the mobile number you provided when registering the app. By providing your mobile number and/or mobile numbers for other active drivers on the policy, you are acknowledging that you have full authority to provide us with those numbers.
• Your agreement to receive emails and automated text messages concerning the Program and/or the smartphone app is a condition for your continued enrollment in the Program.
• You must have a compatible smartphone with an adequate data and service plan.
• You must agree to the Mobile App License Agreement. The Mobile App License Agreement will be made available when the smartphone app is downloaded. The Mobile App License Agreement may place additional responsibilities on you and/or limit your rights against Sentry or the Administrator.
• After you download the app to your smartphone and begin using it, you must continue to transmit information through the app using the phone number you provided when registering the app. Failure to transmit information through the app for any period totaling 28 consecutive days from your last transmission of information will result in your unenrollment from the Program.
• If the named insured unenrolls or is unenrolled from the Program, then all other enrolled drivers will also be unenrolled and the discount or rating adjustment will be removed from the policy.
• At the named insured’s request, you may be re-enrolled once per policy term; however, we reserve the right to deny re-enrollment if there was non-compliance with these Terms & Conditions or if we believe, in our sole discretion, that fraudulent behavior or other illegal or unethical conduct has occurred in any way that compromises the fairness of the Program.
• The app must be installed with phone permissions set to allow the app to work properly.

How the Programs Work: Once you have downloaded the app, registered your account and it is in use, the app collects your driving data. This data is securely stored within the Administrator’s systems and securely transmitted to Sentry for analysis.

The app uses your smartphone data plan or an available Wi-Fi network to upload information to the Administrator's data storage system. The amount of data used by the app will fluctuate based on how often and how far you drive. It is your responsibility to maintain a data plan sufficient to allow for this usage. Sentry and the Administrator are not responsible for any data charges (including overage charges) associated with the use of the app. It is also your responsibility to protect your smartphone and smartphone app username and password from unauthorized parties.

Premium Impact:
The following applies to The General Safe Driver Discount Program:

Sentry is no longer accepting new enrollments or supporting the app for this Program. However, previously qualified policies may continue to receive the enrollment discount at policy renewal, subject to our filed and approved rating factors, variables, rules, and rating regulations in the state where the auto policy is issued.

The following applies to the MyDrive^™ Safe Driver Program:

Subject to our rate and rule filings with the Department of Insurance and the laws in the state where the auto policy is issued, the policy may receive an initial premium discount for participation in the Program. The initial premium discount will apply during the policy term of your initial enrollment in the Program. After enrolling, you must transmit driving data for 5 valid trips within the first 91 days of registering the MyDrive^™ app (“initial app usage requirement”) and satisfy the other app usage requirements under these terms and conditions. A driving score will be assigned based on an assessment of your driving data.

Once you satisfy the initial app usage requirement, the policy will be eligible for a rating adjustment at renewal that will replace the initial premium discount, subject to our filed and approved rating factors, variables, rules, and rating regulations in the state where the auto policy is issued. After satisfaction of the initial app usage requirement, you must continue to transmit driving data, which will further update your driving score. Your most recent driving score will be evaluated to make the rating adjustment at each renewal of your policy. The rating adjustment is determined based on an average of the driving scores for each active driver on the policy. An active driver on the policy that does not enroll in the Program or satisfy the app usage requirements will receive a default driving score. If an active driver other than the named insured unenrolls or is unenrolled from the Program by The General, the rating adjustment applied to the policy could change.

Should no enrolled driver satisfy the initial app usage requirement in time for a score to be calculated, the initial premium discount will continue to apply when calculating the ensuing renewal premium and the initial app usage requirement will be assessed again during that renewal term. The failure to meet the initial app usage requirement will only be allowed in the initial term of enrollment.

Any removal of the discount or rating adjustment and/or increase in your policy premium under these terms and conditions may be effected by us during the term of your auto policy and will be considered the result of a change to your policy initiated at your request.

The Smartphone Application or App: You acknowledge and agree that the rights in the software comprising the smartphone app remain either with Sentry or the Administrator (as applicable) and that you have no rights to the smartphone app. Sentry hereby grants participants of the MyDrive^™ Safe Driver Program a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to install and use the smartphone app as specified herein, if Sentry owns or has the right to license the smartphone app, otherwise the license will be granted by the Administrator under its terms and conditions. If at any time you terminate your participation in the Program or otherwise violate these Terms & Conditions, your rights will automatically terminate.

You have no right to and will not allow others to (a) reverse engineer, disassemble, decompile or otherwise attempt to derive, discover or reconstruct the smartphone app; (b) remove, alter, cover or obfuscate any proprietary rights notices placed or embedded by Sentry or the Administrator on the smartphone app; or (c) alter, modify, adapt or create derivative works of the smartphone app.

You agree that Sentry is not liable for software malfunctions or unexplained issues involving the smartphone before or after the app is used including, but not limited to, smartphone battery depletion, or other issues. These Terms & Conditions do not give you any rights against Sentry as a result of any smartphone or vehicle issues.

Data Collection and Use: These terms and conditions, together with our privacy policy, Mobile App License Agreement, and any other documents referred to therein, set out the basis on which we collect data from you, or which you provide, when using the app. The app will capture driving data such as geo-positional data and accelerometer data for Sentry's analysis and future research. The Administrator will also use aggregated and anonymized data collected or generated by the app for purposes of the Administrator’s product, service and technological development. The data received from the app will be used to determine when participation in the Program begins. Sentry will gather detailed driving data, including but not limited to: accelerations, speed, braking, hours driven, and time of day driven. By participating in the Program, you acknowledge Sentry's and the Administrator’s right to use the data and information as described in these Terms & Conditions and agree: (1) to allow Sentry and the Administrator to access, use, and retain your information and data captured by the app; (2) that Sentry and the Administrator may retain the collected data indefinitely (subject to applicable law); and (3) Sentry and the Administrator have the right to start collecting data as soon as the app is installed and to continue collecting data for as long as the app is in use (which, due to processing times, may include any data collected after the effective date of your removal or withdrawal from the program, but prior to your uninstallation of, or our termination of access to, the app).

Privacy: Sentry recognizes the importance of our customers' trust. Keeping our customers’ personal information confidential is a top priority for all of Sentry employees, agents, and staff. Our privacy policy can be viewed at https://www.thegeneral.com/legal/privacy-policy/.

However, the collected data may be deemed discoverable for an accident investigation or for litigation purposes. Therefore, Sentry and/or you may be legally required to provide the data to others. Other than the above-mentioned purposes, Sentry will not disclose or use data obtained from the app to evaluate or resolve claims without your consent.

All enrolled drivers may have access within the app to the driving performance for other enrolled drivers that have consented to sharing their driving data for this purpose.

Term and Termination: These Terms & Conditions are effective upon enrollment and terminate on the earliest of your request to withdraw from the Program, your removal from the Program by Sentry, or upon our termination of the Program. However, those terms which by their nature or operation are expected to extend beyond the termination of these Terms & Conditions shall survive the termination of these Terms & Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate. If you stop participating in the Program for any reason, including if the Program is discontinued, the Program discount or rating adjustment may no longer apply and the policyholder will not be entitled to any reimbursement or other compensation. To stop participating in the Program and discontinue the collection of your driving data, simply uninstall the app.

Participation in the Program is voluntary and you may withdraw from participation at any time. However, the auto policy may be restricted from re-enrolling and qualifying for the Program discount or rating adjustment depending on underwriting restrictions. Sentry may, in its sole discretion, immediately terminate the auto policy’s participation in the Program if Sentry determines that you are not complying with these Terms & Conditions, or if it believes, in its sole discretion, that fraudulent behavior or other illegal or unethical conduct has occurred in any way that compromises the fairness the Program. Further, non-compliance with these Terms & Conditions or discontinued participation may result in the loss of any applicable discount or rating adjustment and the Policyholder may lose eligibility to re-enroll in the Program in the future.

Disclaimers and Limitations: If these Terms & Conditions conflict with laws of the state for which the auto policy is issued, the terms will change to conform to those laws. Any disputes to the Terms and Conditions provided will be governed by the laws of the state shown in the declarations of the auto insurance policy.

Sentry does not guarantee that the app and the use thereof will prevent high-risk events, unsafe driving, collisions or that other events will be prevented as a result of your enrollment in The General Safe Driver Discount Program or MyDrive^™ Safe Driver Program. Sentry also does not guarantee that all high-risk events, collisions, unsafe driving, or other events will be recorded. Sentry does not guarantee against the failure of the app, the recording of incorrect data, or guarantee full-time availability of the app or access to the data. Your service and access to the app may be temporarily suspended or permanently terminated at any time for any reason.

SENTRY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE APP. SENTRY'S SOLE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS LIMITED TO TERMINATION OF THE AGREEMENT. IF THE DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF ENROLLMENT.

YOU HEREBY ACKNOWLEDGE THAT SENTRY IS NOT LIABLE IN ANY RESPECT TO YOU OR PASSENGERS IN YOUR VEHICLE FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR DEATH OR OTHER DAMAGES ARISING OUT OF, PERTAINING TO, OR RESULTING IN ANY WAY FROM THE USE, POSSESSION OR INSTALLATION OF THE APP OR ENROLLMENT IN THE PROGRAM. IN ADDITION, SENTRY IS NOT LIABLE IN ANY RESPECT FOR FALSE REPRESENTATIONS ON YOUR PART, LOST OR STOLEN USERNAMES AND PASSWORDS RESULTING IN UNAUTHORIZED ACCESS TO YOUR DATA, OR INTENTIONAL MALICIOUS INTENT STEMMING FROM THE UNAUTHORIZED USE OF THE APP. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT IS SENTRY LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

ⁱ Individual programs not available in all states. Currently not accepting new enrollments for The General Safe Driver Discount Program.

MyDrive^™ App End User License Agreement (EULA)

Sentry has provided a MyDrive mobile app that may be used in administering various features of certain insurance policies. Your use of the Software (as defined below) is expressly conditioned upon your acceptance of the terms and conditions of this MyDrive^™ App End User License Agreement (the “EULA”). The EULA specifically and only relates to the Software. Any and all terms defined in the EULA will only apply to the EULA itself, and nowhere else in the broader terms and conditions published here. In the event of any conflicting terms between the EULA and any terms or conditions of the broader terms and conditions published here, the EULA will supersede and control only with respect to the Software. If you do not wish to be bound by the terms of this EULA, you may not register to use the Software.

IF YOU ARE AGREEING TO THIS EULA ON BEHALF OF OR FOR THE BENEFIT OF A THIRD PARTY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS EULA ON THEIR BEHALF. REVIEW SECTION 8 AS IT HAS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND AFFECTS YOUR RIGHT TO BRING A CLAIM IN COURT.

IN ORDER TO USE THE SOFTWARE, USER NEEDS TO: (1) BE A RESIDENT OF THE UNITED STATES; (2) BE 18 OR OLDER OR BE 16 OR OLDER AND HAVE A PARENT OR GUARDIAN’S CONSENT TO THIS EULA; (2) POSSESS A VALID DRIVER’S LICENSE NECESSARY FOR OPERATION OF THE APPLICABLE VEHICLE; AND (3) HAVE THE POWER TO ENTER A BINDING CONTRACT WITH SENTRY AND NOT BE BARRED FROM DOING SO UNDER ANY APPLICABLE LAW. USER ALSO PROMISES THAT ANY INFORMATION THAT IT SUBMITS TO SENTRY IS TRUE, ACCURATE, AND COMPLETE, AND IT AGREES TO KEEP IT THAT WAY AT ALL TIMES.

This EULA is between Sentry and the user entering into this EULA (“User”). The software, including, but not limited to, the MyDrive^™ app, modifications, enhancements, documentation, and license keys provided to User and the connected telematics data processing service (collectively, the “Software”) are licensed and are not sold.

1. Scope: This EULA describes the licensing of the Software provided to User and the connected web based telematics data service which processes the data from the Software. The Software is used in connection with the MyDrive^™ Safe Driver Program ("Program"). Please also review Sentry’s privacy policy located here: Privacy Policy, which forms part of this EULA.
2. License: Subject to the other terms of this EULA, Sentry grants User a limited duration terminable, non-exclusive, non-transferable license to operate the Software only for User’s personal and non-commercial purposes on one supported mobile device. No technical support services for the Software are provided under this EULA. We may provide updates to the Software from time to time via the Appstore but do not guarantee that you will be able to use such updates.
3. Disclaimer: THE SOFTWARE IS PROVIDED AS IS WITH ALL FAULTS. SENTRY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. USER UNDERSTANDS THAT THE SOFTWARE MAY BE COMPROMISED, MAY NOT BE ERROR FREE AND USE MAY BE INTERRUPTED.
4. Confidentiality: Any non-public portions of the Software are the confidential and proprietary information of Sentry and may only be used by User for purposes of this EULA.
5. Sentry Property:
   1. Reservation of Rights: The Software, workflow processes, user interface, designs, technical documentation, and other technologies provided by Sentry as part of the Software are the proprietary property of Sentry and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with Sentry and its licensors. The Software is protected by applicable copyright and other intellectual property laws. User may not remove any product identification, copyright, trademark, or other notice from the Software. Sentry reserves all rights unless expressly granted in this EULA.
   2. Restrictions: User may not (i) transfer, assign, sublicense, rent the Software, create derivative works of the Software, or use it in any type of service-provider environment; (ii) reverse engineer, decompile, disassemble, or translate the Software, or access the web based telematics data service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes; (iii) evaluate the Software for the purpose of competing with Sentry; (iv) use the Software to store or transmit infringing, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (v) interfere with or disrupt the integrity or performance of the web based telematics data service (vi) attempt to gain unauthorized access to the web based telematics data service or its related systems or networks (vii) operate the Software other than in accordance with its technical documentation.
   3. Duties: User (i) must keep its passwords secure and confidential; (ii) is solely responsible for its data and all driving activity; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Sentry promptly of any such unauthorized access; and (iv) may use the web based telematics data service and Software only in accordance with this EULA, the Program Terms and Conditions, and applicable law.
6. Term & Termination:
   1. The term of this EULA commences when User downloads the Software and will continue in effect until terminated by User or Sentry as set forth in this Section.
   2. User may terminate this EULA by deleting the Software and all copies thereof from User’s mobile device.
   3. Sentry may terminate this EULA at any time without notice if it ceases to support the Software, which Sentry may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if: (i) User violates any of the terms and conditions of this EULA; or (ii) User unenrolls or is unenrolled from the Program.
   4. Upon termination: (i) All rights granted to User under this EULA will also terminate; and (ii) User must cease all use of the Software and delete all copies of the Software from User’s mobile device and account.
   5. Termination will not limit any of Sentry’s rights or remedies at law or in equity.
7. Liability Limit:
   1. Exclusion of Indirect Damages: Where not prohibited by mandatory applicable law, Sentry is not liable for any indirect, special, incidental, or consequential damages arising out of or related to this EULA (including, without limitation, costs of delay; loss of or unauthorized access to data or information; and lost profits, revenue, or anticipated cost savings), regardless of the theory of liability (including negligence and strict liability), even if it knows of the possibility of such damage or loss or if the damage or loss is foreseeable.
   2. Total Limit on Liability: Where not prohibited by mandatory applicable law, Sentry’s total liability arising out of or related to this EULA (whether in contract, tort, or otherwise) does not exceed the greater of the amount paid or payable by User for the license to the Software or $100.
   3. Consumer Law Notice: Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. User may have additional consumer rights under local law.
8. Governing Law and Arbitration:
   1. Governing Law, Forum, and Arbitration: This EULA is governed by the laws of Tennessee (without regard to conflict of laws principles) for any dispute between the parties or relating in any way to the subject matter of this EULA. Any dispute between the parties arising out of or related to this EULA must be exclusively determined by binding arbitration in Nashville, TN, USA in English, under the then current commercial or international rules of American Arbitration Association (commercial) or The International Centre For Dispute Resolution (international). The decisions of the arbitrators may be entered in any court of competent jurisdiction. Nothing in this EULA prevents either party from seeking injunctive relief in any court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party.
   2. Prohibition of Class and Representative Actions: Each party may bring claims against the other only on an individual party basis, and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator may not consolidate or join more than one party’s claims and may not otherwise preside over any form of a consolidated, class or representative proceeding.
9. Other Terms:
   1. Entire Agreement and Changes: This EULA constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Each party is not relying on any representation concerning this subject matter, oral or written, not included in this EULA. No representation, promise, or inducement not included in this EULA is binding. No modification of this EULA is effective unless both parties sign it, however this EULA may be modified through an online process provided by Sentry. No waiver is effective unless the party waiving the right signs a waiver in writing.
   2. No Assignment: Neither party may assign or transfer this EULA to a third party, nor delegate any duty, except that the EULA may be assigned, without the consent of the other party, as part of a merger or sale of all or substantially all the businesses or assets of a party.
   3. Independent Contractors: The parties are independent contractors with respect to each other.
   4. Enforceability and Force Majeure: If any term of this EULA is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation, force majeure events.
   5. Money Damages Insufficient: Any breach by a party of this EULA or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
   6. Survival of Terms: Any terms, that by their nature survive termination of this EULA for a party to assert its rights and receive the protections of this EULA, will survive (including, without limitation, the confidentiality terms). The UN Convention on Contracts for the International Sale of Goods does not apply.
   7. Export Compliance: User must comply with all applicable export control laws of the United States, foreign jurisdictions, and other applicable laws and regulations.
   8. U.S. Government Restricted Rights: If User is a United States government agency or acquired the license to the Software hereunder pursuant to a government contract or with government funds, then as defined in FAR §2.101, DFAR §252.227-7014(a)(1), and DFAR §252.227-7014(a)(5), or otherwise, all Software provided in connection with this EULA are “commercial items,” “commercial computer software,” or “commercial computer software documentation.” Consistent with DFAR §227.7202 and FAR §12.212, any use, modification, reproduction, release, performance, display, disclosure, or distribution by or for the United States government is governed solely by the terms of this EULA and is prohibited except to the extent permitted by the terms of this EULA.
   9. Open Source Software Licenses: The Software may contain embedded open source software components, which are provided as part of the Software and for which additional terms may be included in the technical documentation.
   10. Mobile Software: Sentry may make available software to access the Software via a mobile device (Mobile Software). To use the Software, User must have a mobile device that is compatible with the Mobile Software. Sentry does not warrant that the Software will be compatible with User’s mobile device. User may use mobile data in connection with the Software and may incur additional charges from User’s wireless provider for these services. User agrees that it is solely responsible for any such charges. Sentry hereby grants User a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software for one User account, on one mobile device owned or leased solely by User, for its personal use. User acknowledges that Sentry may, from time to time, issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that User is using on its mobile device. User consents to such automatic upgrading on its mobile device and agrees that the terms and conditions of this EULA will apply to all such upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
   11. Mobile Software from Apple App Store: The following applies to any Mobile Software User acquires from the Apple App Store (App Store Software): User agrees that this EULA is solely between User and Sentry, not Apple, and that Apple has no responsibility for the App Store Software or content thereof. User’s use of the App Store Software must comply with the App Store Terms of Service. User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software. In the event of any failure of the App Store Software to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the App Store Software to User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this EULA and any law applicable to Sentry as provider of the App Store Software. User acknowledges that Apple is not responsible for addressing any claims by User or any third party relating to the App Store Software or User’s possession and/or use of the App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this EULA and any law applicable to Sentry as provider of the App Store Software. User acknowledges that, in the event of any third-party claim that the App Store Software or User’s possession and use of that App Store Software infringes that third party’s intellectual property rights, Sentry, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA. User and Sentry acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA as relates to User’s license of the App Store Software, and that, upon User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA as relates to User’s license of the App Store Software against User as a third-party beneficiary thereof.

Independent Parties

For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by the Terms.