Terms of Use

AGREEMENT BETWEEN YOU AND PERFORMANCE INSURANCE AND FINANCIAL SERVICES, LLC

PerformanceInsurance.com is a Web service operated by Performance Insurance and Financial Services, LLC (Performance) for the purpose of providing insurance quotes, insurance policy delivery, support, and financial services to its customers. For convenience, we will refer to the content on the Performance Web site and content on other Performance-related Web sites together as the "Performance Web Site." We will refer to the content available on the Performance Web Site and the services available as part of Performance together as the "Services."

These Terms of Use constitute a legal agreement between you and Performance. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Services.

Portions of the Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall control. However, the Performance Privacy Statement, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on the Performance Web Site with respect to the subject matter covered by the Performance Privacy Statement.

MODIFICATION OF THESE TERMS OF USE

Performance may wish to update or change the terms, conditions, and notices for the Services from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other good reasons. You understand that Performance reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to the Terms of Use, as modified from time to time.

COMMERCIAL USE LIMITATION

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Services or Performance Products except as expressly provided in these Terms of Use or by special permission from Performance.

PRIVACY AND PERSONAL INFORMATION

As an insurance applicant or existing customer, you are required to provide personal information to Performance through the Performance Web Site in order to utilize the Services. Performance will only use your personal information in accordance with the terms of the Performance Privacy Statement.

If Performance has provided you with account information, such as a user name and password, for the purpose of reviewing your application status or insurance policies, you are responsible for maintaining the confidentiality of that account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Performance immediately of any unauthorized use of your account. Performance is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES

The Web pages that are part of the Services may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Performance and Performance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Performance is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Performance responsible if the Linked Site is not working appropriately. Performance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Performance of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the Services or are identified in the Web pages that are part of the Services, including the delivery of and payment for goods and services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or contrary to these Terms of Use.

You also may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any Performance account, computer systems or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

TERMS OF USE FOR PERFORMANCE PARTICIPATING SITES AND SERVICES

These Terms of Use apply to you whenever you access or use any Services. When you use the Services to gain access to any Performance participating site or service, the terms and conditions associated with that site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you visit.

PERFORMANCE'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

Performance wants your voluntary feedback and suggestions on the Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Performance needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Performance concerning the Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Performance and its affiliated companies permission to:

(a) Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and

(b) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Performance's use of the materials contained within such feedback or suggestions. Performance is under no obligation to post or use any materials you may provide and may remove such materials at any time at Performance 's sole discretion.

This section is not applicable to any personally identifiable information that you provide in connection with your application for the Services. For terms and conditions governing the use of such information and for more information on how the Services work, please refer to the Performance Privacy Statement.

This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any Performance participating sites and services. Please refer to the terms and conditions for such Performance participating sites and services to determine the rights of the Web site or service provider to such documents, information and/or data.

SOFTWARE AND CONTENT AVAILABLE ON THE SERVICES

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the Services ("Software") is owned by and is the copyrighted work of Performance and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Performance hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Performance and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.

LIABILITY DISCLAIMER

PERFORMANCE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Performance AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL PERFORMANCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR PERFORMANCE PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE Services, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PERFORMANCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

CUSTOMER SUPPORT

Performance provides information about how to use the Services on the Web pages that are part of the Services. If you have any questions about the Services or any problems that you would like to report, please contact us using the Contact Us page.

TERMINATION AND RESTRICTION OF ACCESS

Performance reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice.

GENERAL

These Terms of Use are governed by the laws of the State of Iowa, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Polk County, Iowa, U.S.A. in all disputes arising out of or relating to the use of the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Performance as a result of these Terms of Use or use of the Services.

Performance may assign these Terms of Use, in whole or in part, at any time. Performance's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Performance's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Performance with respect to such use. You agree to indemnify and hold Performance, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in connection with the Services.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Performance with respect to the Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Performance with respect to the Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the Performance Web Site are copyright © 2011-2024 by Performance Insurance and Financial Services, LLC and/or its suppliers, PO Box 41400, Des Moines, Iowa 50311 U.S.A. All rights reserved.

Performance Insurance and the Performance Insurance Logo are trademarks of Performance Insurance and Financial Services, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Performance may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services. Except as expressly provided in these Terms of Use, the provision of the Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Version 1.05
Last Update: September 15, 2018