Participant Terms of Use

Please read the following Terms of Use ("Terms") carefully. These Terms set forth the terms and conditions on which Liberty Mutual Insurance ("Company") is willing to permit your participation in Company’s Instant Incentives™ Program ("Program"). "You" and "Your" refer to the person or persons agreeing to these Terms and who have enrolled in the Program. These Terms are in addition to any other agreements between you and Liberty Mutual. By enrolling in Company's Instant Incentives™ Program, you agree to be bound by these Terms and any subsequent revisions thereto. If you do not agree with any of these Terms, you may not enroll in Program.

We reserve the right to modify these Terms at any time. Continued participation in the Program will constitute your acceptance of any revisions to the Terms of Use. Please check the Terms of Use on the Instant Incentives™ website on: https://libertymutual.myinstantincentives.com ("Site") regularly.

Program Description

Company is implementing an incentive reward program for licensed employees of Company appointed agencies ("Licensed Employees"), other than agency principal(s), who enroll in the Program, and who quote and issue eligible commercial lines policies (see Eligible Products below).

When you enroll in the Program, you will be required to set up a PayPal account or link to an existing PayPal account. Upon enrollment, you will receive a unique personal Cash Code for use with the Program. As you generate commercial lines quotes in Company’s eCLIQ® system, you must enter Your Cash Code in order for the quote to be eligible for a reward. When an eligible policy is issued, Company will deposit the reward directly into your registered PayPal account. You must log in to the Site to learn the amount of the reward. The amount of each reward is variable and the range for each reward depends on what type of policy you issue. You must log in to the Site, check your My Account Summary page, and press the “Spin” button in order for the variable amount to be shown. If you do not log in to your account and press the “Spin” button within thirty (30) days of issuance of an Eligible Product, you will lose your right to the reward.

Rewards are paid out for every Eligible Product issued during the Campaign Period, which shall be specified by Company on the Site or by email from the Company to you. The Company will not pay any rewards if the Campaign period is closed or the Program inactive. Company may open or close a Campaign Period from time to time. Company retains the right to open or close a Campaign Period and/or terminate the Program at any time, in its sole discretion.

Prohibited Use

You agree not to use the Site or participate in the Program (i) in a manner that is prohibited by any law or regulation; (ii) using another person's password without their permission or to impersonate or otherwise misrepresent your identity or affiliation; (iii) to access accounts which you are not authorized to access; (iv) to invade the privacy of third parties; (v) to violate, or facilitate or assist in violating, the security of the Site, whether intentionally, negligently or otherwise; (vi) to transmit by means of the Site any data or material that contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) to modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this Site's content or frames within this Site or within any other website without Company's prior written permission. Systematic retrieval of data or other content from this site used to create or compile, directly or indirectly, a collection, compilation, database or directory, without prior written permission from Company is also prohibited. Passwords/Accounts/Cash Codes. It is your responsibility to establish one or more passwords, accounts, and/or Cash Codes in connection with your use of the Site. Company recommends that you routinely change your password(s) to help prevent the improper access or use of the Site by unauthorized individuals. It is your responsibility to establish the Cash Code in connection with your participation in the Program. You are solely responsible for:
  1. Maintaining the confidentiality of your password(s) and Cash Code;
  2. Any and all activities that occur on the Site using your passwords and/or Cash Code;
  3. Managing the security and administration of your password(s) and accounts and Cash Code; and
  4. Promptly notifying Company of any unauthorized use of: your password(s), activity pertaining to your accounts or Cash Code.

You agree that Company shall not be liable for any loss or damage incurred in connection with your failure to comply with these Terms, including any misuse of passwords or Cash Code, failure to secure passwords and failure to terminate access to the Site by any person who does not retain authority to access the Site on your behalf. Company reserves the right to examine your records of user activity and/or account activity for any accounts registered to you.

Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF UNINTERRUPTED OR ERROR FREE SERVICE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES OR SIMILAR DISABLING COMPONENTS. COMPANY ACKNOWLEDGES THAT SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.

Limitation of Liability

YOU AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE YOUR OR YOUR LICENSED PRODUCERS’ PARTICIPATION IN THE PROGRAM AND YOUR OR YOUR LICENSED PRODUCER’S USE OF PAYPAL SERVICES INCONNECTION WITH THIS PROGRAM, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN THE EVENT THIS LIMITATION OF LIABILITY IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THE PROGRAM SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250.00).

Your Responsibilities

You represent that at all times while you are participating in the Program you are a current employee of a Company appointed agency and a licensed insurance professional in your state and that you shall maintain yourself in good professional standing as such at all times.

You acknowledge and agree that You are not an employee of Company or Liberty Mutual Group. You acknowledge and agree that you are not eligible for, nor shall participate in, any retirement, health, disability, unemployment or other fringe benefit plan or program applicable to employees of Company or Liberty Mutual Group. Company and Liberty Mutual Group shall neither have nor exercise any control or direction over the method or manner of Your performance.

You represent that you shall accurately and timely make all reports, filings and payments required by law or regulation by any competent taxing authority, local, state or federal, related to the receipt of income and revenue hereunder. You further represent and agree that payments made to You shall not be deemed wages paid to an employee of Company and/or Liberty Mutual Group for any local, state or federal income, FICA, FUTA or similar tax purposes, and that Company and/or Liberty Mutual Group shall not withhold any portion of such payments for tax purposes.

You acknowledge that you are participating in the Program voluntarily and that you are not participating in a "controlled game" as may be defined by law. You acknowledge that you are not giving up anything of value in order to participate in the Program.

You understand and acknowledge that your participation in the Program may require PayPal to report annual reward payments to the Internal Revenue Service and that PayPal may issue you a 1099 Form for such payments. As a condition of your enrollment, you agree to provide Company with your tax identification number as may be required for reporting purposes.

You understand and acknowledge that PayPal is the vendor The Company uses to pay rewards. You are responsible to create, manage and maintain your account including account verification, deposited rewards or any other issues that involve your personal account with PayPal.

Termination

Company may, in its sole discretion, refuse, restrict or terminate your access to the Site and participation in the Program for any reason, with or without prior notice.

Cancellation of Enrollment

You may cancel enrollment in the Program at any time by logging in to our Web site and following the instructions.

General

Trademarks. You may not use Company's name or trademarks without its prior written permission. [The "look and feel" of the Site is also trademark and proprietary trade dress. This includes the color combinations, button shapes, layout, and all other graphical and navigational elements.] Antivirus Protection. It is your sole responsibility to install and regularly update anti-virus software. Cookies. The Site uses "cookies" to store your user preferences for future visits to the Site. Governing Law. These Terms and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of Massachusetts and such laws will apply without regard to principles of conflict of laws.

Dispute Resolution. All claims and disputes arising out of these Terms, your use of the Site and participation in the Program shall be submitted to and resolved by binding arbitration, pursuant to the then-current rules of the American Arbitration Association. Any arbitration proceeding shall take place in Boston, Massachusetts. Limitation on actions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site and/or Program must be filed within one (1) year after such claim or cause of action arose. Waiver. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Assignment. You may not assign your rights and/or duties under this Agreement or the Program to any other person or entity.

 
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