Terms of Use

Please read carefully

Last Updated: January 26, 2023

The “Drive with Safety” Telematics Mobile Application (the “Application”) is made available to you by Safety Insurance Company and its insurance company subsidiaries, Safety Indemnity Insurance Company, Safety Property and Casualty Insurance Company, and Safety Northeast Insurance Company (collectively, “Safety Insurance”) pursuant to the terms and conditions set forth herein, as amended and supplemented from time to time (the “Terms of Use”).  We partnered with Cambridge Mobile Telematics (“CMT”) to provide you with the Application.

These Terms of Use apply only to the “Drive with Safety” telematics mobile application. For the applicable Terms of Use for other Safety Insurance websites or mobile applications, please consult those websites or applications.

You are consenting to be bound by these Terms of Use, so please read them carefully. If you do not agree with these Terms of Use, you are not authorized to download or use the Application.  If you have any questions or concerns, please contact Safety Insurance at drivewithsafety@safetyinsurance.com or 877-951-6429.

The Application and the Terms of Use may be materially revised and updated by Safety Insurance, from time to time.   Safety Insurance will provide you with notice of material changes to the Terms of Use. We recommend that you periodically visit this page to review the most recent Terms of Use.  Each time you access the Application, you will be deemed to have agreed to the then current Terms of Use.  By registering for the Application, you are indicating that you would like to use the Application.  Safety Insurance will consider you registered for the Application once you complete the registration process on Safety Insurance.com/My Account and properly enroll in the Application.

This Application is for your personal, noncommercial use on a mobile device owned or otherwise controlled by you and strictly in accordance with the Terms of Use.

The Application presents information and content that is owned or licensed by Safety Insurance. When used in these Terms of Use, “we”, “our” and “us” means Safety Insurance.

Safe and Lawful Use of the Application

When using the Application, you shall: (i) never utilize the Application in any manner that will distract from and/or interfere with your driving and the observance of traffic or safety laws; (ii) observe all traffic laws, driving safety laws and otherwise drive safely; (iii) not use the Application for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with these Terms of Use; and (iv) arrange all wireless devices and cables necessary for use of the Application in a secure manner in your vehicle so that they will not interfere with and/or distract from your driving and will not prevent the operation of any safety device (including without limitation an airbag).

Prohibited Use Outside of U.S.

The Application is provided for access and use by persons located in the United States. Safety Insurance makes no claims that the content of the Application is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

Prohibited Use by Children Under the Age of 13

The Application is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Application. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on or through the Application.

Information Collected through the Application

You acknowledge that when you download, install, and register to use the Application, the Application will run in the background and collect driving and phone sensor data (“Information”).  The Information collected includes vehicle speed and location using GPS, time information, phone usage, and data from the phone’s sensors. Other information, such as trip duration, and rates of acceleration and braking, is derived from speed, location, and time information. Phone and Application analytics information is also collected, as described in the Drive With Safety Telematics Mobile Application Privacy Policy which can be found at Telematics Privacy Policy. You can view your trip details in the Application including a summary of each trip and your overall rating.

Use, Maintenance & Disclosure of Your Information

By acknowledging and agreeing to these Terms of Use, or by using the Application, you authorize and consent to the collection, use, maintenance and disclosure of your Information by Safety Insurance, including its agents, affiliates and third-party partners and CMT and its sub processors for the functionality of the Application and for the purposes disclosed in the Drive With Safety Telematics Mobile Application Privacy Policy which can be found at Telematics Privacy Policy. Safety Insurance will retain Information collected or derived from the Application as required by our record retention policies.

Users of the Application may be organized into Families. Members of a Family can see each other’s locations, trips, and driving scores. You represent that you have the consent of each Family Member you invite to the Application to (a) provide information collected by the Application to us, and (b) permit us to retain and use the information as described in these Terms of Use and the Drive With Safety Telematics Mobile Application Privacy Policy which can be found at Telematics Privacy Policy.

Privacy

We are committed to protecting your privacy and earning your trust and understand you may have questions about how we use your information. In addition to our commitment to you in Safety Insurance’s Privacy Policy applicable to other Safety Insurance websites or mobile applications, please refer to the Drive With Safety Telematics Mobile Application Privacy Policy found at Telematics Privacy Policy for more details and information regarding how we collect, use, and disclose your Information in connection with the Application.

Your Responsibility for Security and Confidentiality

The safety and security of your Information also depends on you.  You are responsible for the confidentiality and security of the Information stored on your mobile device by the Application. You are also solely responsible for all activities undertaken by anyone or anything through the Application, whether authorized or unauthorized. You agree to immediately notify Safety Insurance of any suspected unauthorized access associated with the Application or any other breach of security. Safety Insurance shall not be responsible for any losses arising from the financial loss or theft of the Information due to unauthorized or fraudulent access related to the Application. You shall be solely responsible for taking precautionary steps to protect the Information stored on your mobile device.

The Application is the confidential information of Safety Insurance and/or CMT.  It may only be used for the purposes expressed herein.

Account Information

You may be required to provide information about yourself (such as name, phone number and email address) as part of the registration process or as part of your continued access and use of the Application.  You may be required to select a username and password (collectively “Account Information”).

When you provide Account Information in the Application, you agree to the following conditions:

• Safety Insurance is authorized to act on instructions received under your Account Information without any obligation to question or otherwise verify the information or instructions;
• Safety Insurance is not liable for any unauthorized access to your personal information that is not directly due to negligence of Safety Insurance;
• Your Account Information constitutes sensitive information, and you are solely responsible for keeping Account Information including password and username confidential and secret;
• You will notify Safety Insurance immediately if you believe anyone else has learned your Account Information especially your username and password or if you believe an unauthorized access to the Application or your personal information using your Account Information (username and password) has occurred, or may occur;
• Safety Insurance may deny access or block any transaction made under your Account Information without prior notice to you if we believe your Account Information 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; and
• Violating the Terms of Use of the Application may lead to a revocation of your access privileges.

You agree to: (a) provide true, accurate, current and complete information about yourself when providing Account Information or as prompted by the Application and (b) maintain and promptly update your Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or if Safety or CMT has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Safety has the right to suspend or terminate your account or access to the Application and refuse any and all current or future use of the Application (or any portion thereof).

You also understand and agree that the Application may include certain communications from Safety or CMT (e.g., service announcements, administrative messages and other information and alerts), and that these communications are considered part of the Application and you will not be able to opt out of receiving them while choosing to utilize the Application.

SAFETY INSURANCE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND THAT MAY ARISE AS A RESULT OF SOMEONE ELSE USING YOUR ACCOUNT INFORMATION, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU MAY BE HELD LIABLE FOR ANY LOSSES INCURRED BY US OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR ACCOUNT INFORMATION.

Limited License

Subject to these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to download, install and use the Application for your personal, noncommercial use on a mobile device owned or otherwise controlled by you and only as permitted by these Terms of Use.  You acknowledge and agree that the Application is provided under the license expressed herein and not sold to you.  You do not acquire any ownership interest in the Application under the Terms of Use or any other rights other than to use the Application in accordance with the license granted herein.  Safety Insurance reserves all rights to the Application not expressly granted herein. Safety Insurance may terminate this license at any time for any reason or no reason. These Terms of Use also govern any updates to, or supplements or replacements for, the Application, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

You are restricted from (1) copying the Application, except as expressly permitted by this license; (2) modifying, adapting, or otherwise creating derivative works or improvements, whether or not patentable, of the Application; (3) reverse engineering, disassembling, decompiling, decoding or otherwise attempting to derive or gain access to the source code of the Application or any part thereof; (4) removing, deleting, altering, or obscuring any Trademarks, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (5) renting, leasing, lending, selling, sublicensing, assigning distributing, publishing, transferring or otherwise making available the Applications or any features or functionality of the Application to any third-party for any reason; (6) accessing the Application to build a competitive application, product or service or copying any feature, function or graphic for competitive purposes; or (7) removing, disabling or implementing any workaround to any copy protection, rights management or security features in or protecting the Application or interfering with or disrupting the integrity or performance of the Application.

Ownership and Use of Application Content

All the information and content made available in or otherwise accessible through the Application, including but not limited to all text, graphics, user interface, scripts and software applications, video and audio clips and files, editorial content, and photos (collectively, “Content”) is owned, copyrighted, or licensed by Safety Insurance or CMT and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You are granted a non-exclusive, limited, non-transferable, freely revocable license to Content strictly in accordance with the Terms of Use. 

Safety Insurance’s trademarks, graphics, logos, and all other service marks (“Trademarks”) are service marks of Safety Insurance. Other Trademarks used in connection with the Application may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

The Application is for your private, non-commercial use, without alteration by you. You agree that you will not use Content in anyway whatsoever except for use of the Application in compliance with these Terms of Use.

Except as otherwise previously expressly permitted in writing by Safety Insurance, no Content may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may download material displayed in the Application for your use only and provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, create derivative works, modify, rent, lease, loan, sell, distribute, transmit, reuse, repost, link or use the Content for any public or commercial purposes, including the text, images, audio and video thereon, without Safety Insurance’s prior, express written permission.

THE USE OF THE APPLICATION OR ANY PART OF THE APPLICATION, EXCEPT FOR USE AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED, AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Feedback

If you submit feedback or suggestions about the Application, Safety and/or CMT may use your feedback or suggestions without obligation to you.

Updates to the Application

The Application may be updated from time to time in the sole discretion of Safety Insurance and/or CMT.  An update may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively “Updates”).  Updates may also modify or delete in their entirety certain features and functionality.  You agree that Safety Insurance and/or CMT have no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality.  Based on your mobile device settings, when your mobile device is connected to the internet, the Application may automatically download and install an available Updates, or you may receive notice of or be prompted to download and install available Updates.  You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.  You further agree that all Updates will be deemed part of the Application and be subject to the Terms and Conditions.

Prohibited Uses of Application

Use of the Application is limited to the contemplated functionality. You may not use the Application in any way that:

• Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
• Is unlawful, fraudulent, or deceptive;
• Uses technology or other means to access unauthorized content or non-public spaces;
• Uses or launches any automated system or process, including without limitation, “bots”, “spiders”, or “crawlers” to access unauthorized content of non-public spaces;
• Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Attempts to damage, disable, overburden, or impair Safety Insurance’s or CMT’s servers or networks;
• Attempts to gain unauthorized access to a Safety Insurance’s or CMT’s computer network;
• Attempts to gain unauthorized access to Safety Insurance’s user accounts;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• Collects or harvests any personally identifiable information, including account names, from the Application;
• Makes the Application available over a network or other environment permitting access or use by multiple mobile devices at a time;
• Uses the Application for non-personal, commercial purposes;
• Violates these Terms of Use in any manner; or
• Fails to comply with applicable third-party terms and conditions or other third party polices.

Changes, Suspension and Termination of the Application

We may, without prior notice and without liability to you: (i) change the Application; (ii) suspend or stop providing the Application or certain features of the Application, to you or to users generally; or (iii) create usage limits for the Application or certain portions thereof.

You agree to use the Application only for those purposes that are permitted by (i) these Terms of Use and the Privacy Policy, and (ii) by applicable law, regulations, or generally accepted practices in the relevant jurisdictions.  Safety may disable, terminate, block, or suspend your access to the Application or terminate these Terms of Use and the rights afforded to you hereunder with or without prior notice, at any time, if you fail to comply. Safety Insurance reserves the right to modify, suspend, or discontinue the Application (or any part or content thereof) at any time with or without notice to you, and Safety Insurance will not be liable to you or to any third party should it exercise such rights. Upon termination of these Terms of Use, you shall cease all use of the Application and uninstall any residual components of the Application.

A breach of these Terms of Use by you or a violation of the intellectual property rights granted herein may cause irreparable harm such that Safety Insurance or CMT may seek an injunction against you to avoid any future breaches.

Upon termination or suspension of the Application, all rights granted to you herein will also terminate or be suspended and you must cease all use of the Application and delete all copies of the Application from your Mobile Device.

Reservation of Certain Rights by Safety Insurance

Safety Insurance reserves the right to take steps Safety Insurance believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions. You agree that Safety Insurance has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as Safety Insurance believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Safety’s right to cooperate with any legal process relating to your use of the Application and/or a third-party claim that your use of the Application is unlawful and/or infringes such third party’s rights).

Termination by You

You may terminate these Terms of Use or your continued use of the Application at any time for any reason. In order to terminate, you must notify Safety through drivewithsafety@safetyinsurance.com or 877-951-6429, or you may delete or uninstall the Application from your mobile device.

Questions, Complaints and Notifications

Please direct any questions or complaints related to these Terms of Use or your use of the Application to drivewithsafety@safetyinsurance.com or 877-951-6429. Safety may notify you with respect to the Application by sending an email message to your Account email address or a letter via postal mail to your Account mailing.

Connection Fees and Charges

The Application requires an internet or data connection and any charges or fees resulting from your use of the Application are solely your responsibility, as set forth in the agreement between you and your internet or data connection service provider.

No Warranty

WE WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THE APPLICATION; HOWEVER, THE CONTENT OF THE APPLICATION, INCLUDING GRAPHICS, AND ANY MATERIALS MADE AVAILABLE THROUGH THE APPLICATION ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD-PARTY CONTENT THROUGH HYPERLINKS IS ACCESSED AT YOUR SOLE RISK AND DISCRETION. SAFETY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD-PARTY CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE APPLICATION MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR COMPUTER OR MOBILE DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS) CONNECTED THERETO. YOU SHOULD BACK UP ALL DATA AND INFORMATION ON YOUR MOBILE DEVICE AND ANY PERIPHERALS PRIOR TO USING THE APPLICATION. TO THE EXTENT PERMITTED BY LAW, SAFETY SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATION.

SAFETY INSURANCE MAKES NO WARRANTY THAT (I) THE OPERATION OF THE APPLICATION WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE APPLICATION WILL BE ERROR FREE, UNINTERRUPTED, TIMELY OR SECURE; (III) ACCESS TO THE APPLICATION WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE  APPLICATION  WILL BE ACCURATE, RELIABLE OR USEFUL; OR (V) DEFECTS WILL BE CORRECTED.

YOU (AND NOT SAFETY INSURANCE) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING THE APPLICATION. SAFETY INSURANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  THE CONTENT ON THE APPLICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT ALSO COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER PUBLICATION. Safety insurance undertakes no obligation to keep any such information current. Safety Insurance endeavors to maintain the Application and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Application or its operation.

WHEN SIGNING UP FOR THE APPLICATION AND USING THE INTERNET TO DO SO, PLEASE BEAR IN MIND THAT THE INTERNET IS AN OPEN SYSTEM. THEREFORE, SAFETY INSURANCE CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION ENTERED BY YOU WHEN SIGNING UP FOR THE APPLICATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD SAFETY INSURANCE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED BY YOU THROUGH THE INTERNET WHEN SIGNING UP FOR THE APPLICATION.

TO THE EXTENT, IF ANY, THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE THROUGH THE APPLICATION, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS THROUGH THE APPLICATION ARE WARRANTED ONLY TO THE MINIMUM LEGALLY REQUIRED.

No Liability

IN USING THE APPLICATION, YOU SPECIFICALLY AGREE THAT, UNDER NO CIRCUMSTANCES, SHALL SAFETY INSURANCE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, OR LOST PROFITS, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR ANY WAY RELATED TO YOUR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, YOUR USE, REFERENCE TO OR RELIANCE ON ANY MATERIALS OBTAINED ON OR THROUGH THE APPLICATION (OR ANY OTHER LINKED WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE THROUGH THE APPLICATION (OR ANY OTHER LINKED WEBSITE). SAFETY INSURANCE SHALL NOT BE LIABLE EVEN IF SAFETY INSURANCE OR ANY AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER OR MOBILE DEVICE VIRUS OR OTHER HARMFUL COMPONENT.

Indemnification and Waiver

YOU SHALL, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND HOLD HARMLESS SAFETY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIM, PROCEEDING, LOSS, DAMAGE, FINE, PENALTY, INTEREST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, FEES FOR ATTORNEYS AND OTHER PROFESSIONAL ADVISORS) ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (I) YOUR ACCESS TO OR USE OF THE APPLICATION OR THIRD PARTY CONTENT AND APPLICATION; (II) YOUR BREACH OF THESE TERMS; (III) YOUR VIOLATION OF LAW; (IV) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (V) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT OR TRADE SECRET OF ANY PERSON OR ENTITY. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE.

Use of Modified Mobile Devices

Safety Insurance has no liability for issues resulting from the use of a rooted or jail broken device or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system. (Collectively, “Modified Devices”).  Use of the Application on Modified Devices will be at your sole and exclusive risk and liability.

Choice of Law

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.

Dispute Resolution and Arbitration; Limitation on Time to File Claims

For any dispute between you and Safety Insurance related to the Application, you agree to first contact Safety Insurance and attempt to resolve the dispute with us informally. In the unlikely event that Safety Insurance is not able to resolve a dispute within sixty (60) days of receiving notice from you about the dispute, you and Safety Insurance each agree to fully and finally resolve any dispute, claim or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with these Terms of Use, or the breach of alleged breach thereof (collectively, “Claims”), by binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law. Nothing in this section shall be deemed as preventing Safety Insurance from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Any Claim you may have arising out of or relating to these Terms of Use or the Application must be commenced within one (1) year after the Claim accrues; otherwise, such Claim is permanently barred.

Waiver of Class Action/Jury Trial

All Claims related to your use of the Application or these Terms of Use must be brought in your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree that you and Safety Insurance each are waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Severability

If any provision of these Terms of Use shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for the remaining provisions and shall not affect the validity or enforceability of any remaining provisions.

Entire Agreement

These Terms of Use constitute the entire agreement between Safety Insurance and you, and they supersede any and all prior or contemporaneous agreements, whether written or oral, between Safety Insurance and you, relating to the Application.

Third Party Beneficiaries

Nothing contained in these Terms of Use is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

Prohibition on the Export of Technology

You acknowledge that any software available or provided to you on the Application may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. Safety Insurance does not authorize the downloading or exportation of any software or technical data from the Application to any jurisdiction prohibited by the United States export controls laws and regulations.

Goods & Services Provided by Third-Party Merchants

This section shall only apply to the extent that Safety Insurance, in its sole discretion, implements a rewards program with this Application.  To the extent a rewards program is implemented, Safety Insurance will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant, or a merchant’s products or services, accessible through the rewards program. All matters, including but not limited to the delivery of goods and services, returns, and warranties are solely and strictly between you and the third-party merchant. You acknowledge that Safety Insurance does not endorse or warrant any third-party merchants, merchant offers, or goods and services that are purchased or accessible through the rewards program from third party merchants. Any savings advertised through the rewards program vary by merchant. Certain limitations, restrictions and exclusions may apply to any such offers. We reserve the right to modify or discontinue any offers by third-party merchants at any time without notice to you and we shall not be liable to you or any third-party should we exercise our right to do so. Safety Insurance makes no warranty regarding any goods or services purchased or obtained from third-party merchants through the rewards program or any transactions with any third-party merchants.

Hyperlinks

This section shall only apply to the extent that Safety Insurance, in its sole discretion, implements a rewards program with this Application.  As part of this program, for your convenience, Safety Insurance may provide links to third party websites, or permit third parties to link to the Application. Links to or from a third-party website, whether provided by Safety Insurance or not, do not imply any affiliation between Safety Insurance and the third-party website owner, or an endorsement, approval, or verification by Safety Insurance of any content available on such third-party websites. Safety Insurance does not periodically review these third-party websites and we are not responsible or liable for the functionality, or the accuracy, completeness or propriety of any information available on those third-party websites. By providing access to third-party websites, Safety Insurance is not recommending the purchase of any products or services available on the third-party websites, nor are we liable for any products or services you purchase from any such third-party.

When you click on a hyperlink to a third-party website, you may leave the Application. Any personal information you submit on the third-party website will not be collected or controlled by Safety Insurance and will be subject to the privacy policy of the third-party website. Please review the privacy policy of the third-party website for more information on their privacy practices.