EULA (For Apple/Android Devices)
End User License Agreement
This End User License Agreement (this "Agreement") sets forth the terms and conditions by which, under which, and pursuant to which, The Hanover Insurance Company ("Hanover") makes the licensed application known as SmartPath (the "App") available to you. This Agreement also sets forth the terms and conditions which govern your use of the App. THIS AGREEMENT IS BETWEEN YOU AND HANOVER. PLEASE READ THIS AGREEMENT CAREFULLY.
As used in this Agreement, the term "App" includes the licensed application and software itself, successor application(s), if any, any and all updates or modifications that Hanover provides or makes available, whether by Hanover or through Hanover, if any, and any and all online documentation and/or electronic documentation, associated media, printed materials and other associated materials. The term "App" also includes, if and to the extent applicable, additional client-resident software, scripts, computer code, and any and all other components of the App provided by or through Hanover, if any, at Hanover's sole discretion. This Agreement expressly incorporates, by this reference, any additional terms and/or conditions posted by Hanover on or through the App, or otherwise made available to you by or through Hanover.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU EXPRESSLY ACCEPT, CONSENT TO, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT, CONSENT TO, AND/OR AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP. IF AT ANY TIME YOU DO NOT ACCEPT, CONSENT TO, AND/OR AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, ACCESS, OR USE THE APP. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU EXPRESSLY AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
WHILE THE APP IS INTENDED TO COLLECT INFORMATION ABOUT YOUR DRIVING (SUCH INFORMATION BEING REFERRED TO IN THIS AGREEMENT AS "DRIVE DATA"), THE APP IS DESIGNED TO COLLECT SUCH DRIVE DATA WHILE YOUR MOBILE DEVICE IS ON WITHOUT ANY INTERACTION FROM YOU OR ANY OTHER PERSON.
YOU SHOULD NOT ENGAGE, INTERACT WITH, OR VIEW THE APP WHILE DRIVING. YOU MAY ENGAGE, INTERACT WITH, OR VIEW THE APP ONLY AFTER YOU HAVE SAFELY STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION AS PERMITTED BY LAW.
ALWAYS DRIVE SAFELY, RESPONSIBLY, AND IN ACCORDANCE WITH APPLICABLE TRAFFIC LAWS.
THE APP IS NOT DESIGNED TO IMPROVE, AND HANOVER MAKES NO REPRESENTATION OR WARRANTY THAT THE APP OR YOUR USE OF THE APP WILL IMPROVE, YOUR DRIVING OR YOUR SAFETY, OR THE DRIVING OR SAFETY OF ANY OTHER PERSON OR GROUP OF PERSONS, IN ANY MANNER WHATSOEVER. YOU AND YOU ALONE ARE RESPONSIBLE FOR YOUR ACTS AND OMISSIONS WHILE USING THE APP AND WHILE DRIVING.
YOU EXPRESSLY AGREE THAT YOU WILL:
- NEVER UTILIZE THE APP IN ANY MANNER THAT WILL DISTRACT FROM AND/OR INTERFERE WITH YOUR DRIVING;
- OBSERVE ALL TRAFFIC LAWS, DRIVING SAFETY LAWS AND OTHERWISE DRIVE SAFELY;
- NOT USE THE APP FOR ANY ILLEGAL, UNAUTHORIZED, UNINTENDED, UNSAFE, HAZARDOUS, OR UNLAWFUL PURPOSES, OR IN ANY MANNER INCONSISTENT WITH THIS AGREEMENT;
- ARRANGE ALL WIRELESS DEVICES AND CABLES NECESSARY FOR USE OF THE APP, IF ANY, 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); AND
- NOT USE THE APP IN A WAY THAT DISTRACTS YOU OR PREVENTS YOU FROM OBEYING TRAFFIC OR SAFETY LAWS.
Hanover reserves the right, in its sole discretion, to modify or change the terms and conditions of this Agreement at any time. Any such changes or modifications shall be effective when posted by Hanover, or when delivered by Hanover to you via email or through the App, including but not limited to any revised version of the App. Your continued use of the App following the posting or communication by Hanover of any changes to this Agreement constitutes your express acceptance of and consent to those changes and your express agreement to be legally bound by this Agreement, including without limitation such changes. Any such change will not apply to any dispute between you and Hanover arising prior to the date on which Hanover posted the revised version of this Agreement incorporating the change, or otherwise notified you of such change. Your use of the App or downloading or installing any upgraded or revised version of the App, following any change to this Agreement shall constitute your acceptance of such change. The "Last Updated" legend above indicates when this Agreement was last modified. Hanover may, at any time and without liability, change, modify, or discontinue all or part of the App; charge, modify, or waive any fees associated with the App, if any; or offer opportunities to all or some App users. This Agreement constitutes an agreement between you and Hanover and not between you and any third party. Hanover is solely responsible for the App and the content thereof. IF AND TO THE EXTENT, IF ANY, THAT THIS AGREEMENT CONTAINS ANY REPRESENTATIONS OR WARRANTIES, SUCH REPRESENTATIONS OR WARRANTIES ARE MADE BY HANOVER AND NOT BY ANY THIRD PARTY. IF AND TO THE EXTENT, IF ANY, THAT YOU MAKE ANY CLAIM WITH REGARD TO THE APP OR YOUR USE OF THE APP, ANY SUCH CLAIM SHALL BE MADE AGAINST HANOVER.
THE APP MAY REQUIRE AN INTERNET OR DATA CONNECTION AND ANY CHARGES OR FEES ASSOCIATED WITH ANY SUCH CONNECTION ARE SOLELY YOUR RESPONSIBILITY, AS SET FORTH IN THE AGREEMENT BETWEEN YOU AND YOUR INTERNET OR DATA CONNECTION SERVICE PROVIDER.
YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED BY OR THROUGH YOUR USE OF THE APP, INCLUDING WITHOUT LIMITATION ANY INTERNET SERVICE CHARGES, DATA CHARGES, OR MOBILE PHONE CHARGES.
Limited Use License. The App is licensed, not sold, and does not, and should not be understood or construed to, grant to you or confer on you any title or ownership rights in or to the App. The App should not be construed or understood to be a sale of any rights whatsoever, including without limitation any intellectual property rights in or to the App. The license granted to you by Hanover for the App is limited to a non-transferable, personal, non-exclusive, limited, non-sublicensable, revocable license to use the App on any mobile device that you own or control and for your own non-commercial use. This license does not allow you to use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of the rights of Hanover and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this Agreement will govern any upgrades provided by Hanover that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Hanover reserves the right to, and may, at any time, terminate, modify, amend, change, discontinue, or suspend any aspect(s) of the App, including but not limited to any of the features of the App. Hanover reserves all rights not expressly granted to you under this Agreement. Your use of the App is limited to its designed purposes. You may never use the App in a manner that is unlawful or fraudulent; that harasses, abuses, threatens, defames, libels, defrauds, or otherwise infringes the rights of, or fails to respect the dignity of, others; that seeks to gain unauthorized access to any part of Hanover's or Hanover's licensors' computer network or internal files or customer accounts; or that inserts, uses, or attempts to use or insert, viruses, malware, or other automated processes, or software or computer code that interrupts, destroys, limits, surreptitiously monitors, or otherwise adversely affects any software, hardware, or electronic communications, including but not limited to any so-called worm, Trojan horse, spyware, Easter egg, or time bomb. You will not post or otherwise make available through or in connection with the App any material that is or may be hateful, intimidating, obscene, indecent, pornographic, tortious, or otherwise objectionable. You agree not to interfere with or disrupt the operation of the App, the servers or networks used to support the App, or to violate any requirement or procedure, of such networks or servers or the providers of such networks or servers. You further agree: not to make the APP available over a network or other environment permitting access or use by multiple mobile devices at a time; not to restrict or prohibit any other person from using the App; not to give your login or account information to any third party or otherwise transfer or assign your account information to a third party; not to collect or harvest any information about users of the App, including but not limited to any account names; not to use the App for any commercial use or purpose (and you hereby expressly acknowledge and agree that you shall be authorized to use the App only for personal, non-commercial use); not to use any robot, site search/retrieval application, spider, or other manual or automatic device to retrieve, index, scrape, data mine, or otherwise gather or obtain App content, or reproduce or circumvent the structure or presentation of the App without the express prior written consent of Hanover being first obtained; not to systematically download and store App content; not to incorporate the App or any part of the App into any product or service without the express prior written consent of Hanover being first obtained; and not to remove any trademark, copyright, or other notice(s) of proprietary rights from the App. If you fail to comply with any of the terms and conditions of this Agreement, you must immediately cease using the App and remove the App by uninstalling the App and deleting the App from your device, including without limitation any mobile device. You must, and you hereby agree to, comply with the terms of any third-party agreement applicable to you when using the App, including but not limited to any terms and conditions which are separate from this Agreement with respect to any third-party software code that is or may be imbedded or incorporated in the App.
Registration. You may be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your continued access to and use of the App. You agree to use the App only for those purposes that are permitted by this Agreement and by applicable laws, rules, statutes, regulations, codes, and generally accepted practices in the relevant jurisdictions. You agree to provide true, accurate, current and complete information about yourself when registering or as prompted by the App ("Registration Data") and to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Hanover has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Hanover reserves the right to suspend or terminate your account or access to the App and refuse any and all current or future use of the App (or any portion thereof). You also understand and agree that the App may include certain communications from Hanover (e.g., service announcements, administrative messages and other information and alerts), and that these communications are considered part of the App and you will not be able to opt out of receiving them while choosing to utilize the App. You consent to receive messages from Hanover or on Hanover's behalf by text, email or other forms of communication. Hanover may, at Hanover's discretion, reject, or require you to modify, any username, password, or other information that you provide to Hanover in connection with your registration.
Account. As a registered user of the App, you may establish an account ("Account"). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Hanover of any security breach of your Account. Hanover may, at Hanover's discretion, reject, or require you to modify, any username, password, or other information that you provide to Hanover in connection with your Account. You may not permit any other person to access or use your Account. Neither Hanover nor Hanover's subsidiaries, affiliates, officers, directors, or licensors shall be responsible for any losses arising out of the unauthorized use of your Account. To protect your Account, keep your username and password confidential. You are responsible for the activity that happens on or through your Account. You agree not to reuse your Account username or password on third-party applications. You agree that Hanover may store and use your Registration Data in maintaining your Account. You agree to use the App only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Termination. This Agreement is effective until terminated. Hanover may, at Hanover's discretion, suspend or terminate your use of the App at any time and without prior notice, for any reason or for no reason, including without limitation if Hanover believes that you have breached, violated, or failed to comply with this Agreement or any of the terms and/or conditions of this Agreement. Upon termination or suspension, your right to use the App will immediately cease and Hanover may, without liability to you or to any third party, immediately delete or deactivate your username, password and/or Account, and any associated Drive Data and other material or information without any obligation to provide any further access to such Drive Data and/or material or information. Your rights under the license granted by this Agreement will terminate automatically without notice from Hanover if you fail to comply with this Agreement. Upon termination of the license, you shall cease all use of the App, and destroy all copies, full or partial, of the App. The App is designed to collect Drive Data for a certain period of time. However, Hanover may, without liability to you or to any third party, extend or shorten such period in Hanover's sole discretion, including without notice. Your right to use the App shall terminate automatically at the end of such period. If you remove the App by uninstalling and deleting the App from your mobile device, or otherwise cease to use the App prior to the end of such period, including without limitation if you are required to remove the App or otherwise cease to use the App pursuant to the terms and conditions of this Agreement, then your policy and/or premium may be affected. Hanover's right to suspend or terminate your use of the App as set forth herein shall be effective notwithstanding any effect that such suspension or termination may have upon your policy or premium.
Intellectual Property. You agree the App may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. All of the information provided by Hanover in the App, including but not limited to all text, graphics, software, photos, audio and video files (the "Application Content"), and all rights in and to the pages and the screens displaying the pages is owned by Hanover or its licensors and is protected by copyright under United States and/or foreign laws, including but not limited to intellectual property, trademark, service mark, and/or copyright laws. The trademarks, logos, icons, service marks, trade names, domain names, and URL's ("Marks") displayed on or appearing in the App and/or the Application Content, whether or not registered, are the property of Hanover, its subsidiaries, affiliates, or its or their trademark licensors or other parties (and used with permission). Nothing contained in this Agreement or in the App grants you any right or license to use any of the Marks without the express written consent of Hanover or the third-party owners of such Marks. The App may contain certain licensed materials, and Hanover's licensors or other third parties may protect their rights in the event of any violation of this Agreement. You are permitted, under and subject to the terms and conditions of this Agreement, to cite, refer to, or print and use the Application Content solely for your personal, non-commercial use as long as your copies retain all copyright, trademark, and other proprietary notices that appear on the original screens. You are not permitted to, and you agree not to, modify, license, sell, transmit, distribute, copy, reproduce, publish, display, exploit, or create derivative works of or based upon the App and/or the Application Content, or use the App and/or Application Content or any part or portion thereof, in any manner, for commercial or public purposes or on any networked environment or engage in any other redistribution or republication of the App and/or the Application Content. Hanover is not in any way responsible for any such use by you.
Services & Third-Party Materials. The App may enable access to Hanover's and third-party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Hanover shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include, or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that Hanover is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or web sites. Hanover does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials, or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you and you acknowledge and agree that Hanover does not and cannot guarantee the accuracy, timeliness, or security of any third-party web sites, as those third-party web sites are not under Hanover's control. A link to or from another web site does not imply an affiliation between Hanover and the third-party owner or an endorsement of the web site or any products or services described therein or thereon. Your access to and/or use of any web sites or Internet sites linked to or from the App is at your own risk and Hanover assumes no obligation or liability whatsoever in connection therewith. Hanover may also, at its discretion and at any time, disable or remove any link from the App. Hanover may remove any link from the App at the third-party site owner's request. Financial information displayed by any Services, if any, is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services, if any, is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Hanover, nor any of its licensors or content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data, if any, displayed by any Services. Display, if any, of location data for various third-party businesses, including but not limited to vehicle repair shops, towing services, taxi services, and/or car rental services, in each case if any, does not constitute a recommendation, endorsement, guarantee, or warranty by Hanover, express or implied, of such third-party business.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Hanover is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. In addition, third party Services and Third-Party Materials that may be accessed from, displayed on or linked to from a mobile device are not available in all languages or in all countries. Hanover makes no representation that such Services and/or Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third-Party Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Hanover, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Hanover or its licensors be liable for the removal of or disabling of access to any such Services. Hanover may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Maintenance and Support. In the event that Hanover chooses, at Hanover's sole discretion, to provide any maintenance and/or support services with respect to the App, then Hanover will be solely responsible for providing any such maintenance and/or support. Hanover may update the App from time to time to improve features or security, or for other purposes, but Hanover is not obligated to maintain, update, or support the App.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HANOVER HEREBY AND HANOVER'S AFFILIATES, SUBSIDIARIES, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE APP MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR COMPUTER OR DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS) CONNECTED THERETO. YOU SHOULD BACK UP ALL DATA AND INFORMATION ON YOUR COMPUTER OR DEVICE AND ANY PERIPHERALS PRIOR TO USING THE APP. HANOVER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH, THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HANOVER OR ITS AUTHORIZED REPRESENTATIVE(S) OR LICENSORS SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
While Hanover seeks to maintain the timeliness, integrity and security of the App, Hanover does not guarantee that the App, including but not limited to any Information and/or Drive Data collected by the App, or any maps or driving directions made available through or in connection with the App, if any, is or will remain updated, complete, secure, or correct, or that access to and/or use of the App will remain continuous or uninterrupted. The App may include inaccuracies, errors, and materials that violate and/or conflict with this Agreement. In addition, third parties may make unauthorized alterations to the App. If you become aware of any such alterations, contact Hanover at 1-800-922-8247 with a description of such alterations and the location(s) of such alterations in or on the App.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HANOVER AND/OR HANOVER'S AFFILIATES, SUBSIDIARIES, SUPPLIERS AND/OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF DRIVE DATA (INCLUDING BUT NOT LIMITED TO UNAUTHORIZED INTERCEPTION BY THIRD PARTIES), ARISING OUT OF THE APP AND/OR YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED (INCLUDING BY ANY VIRUS), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF HANOVER AND/OR HANOVER'S AFFILIATES, SUBSIDIARIES, SUPPLIERS AND/OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OF USE OF, OR DISSATISFACTION WITH, THE APP IS TO STOP USING THE APP. IN NO EVENT, HOWEVER, SHALL THE TOTAL LIABILITY OF HANOVER OR HANOVER'S AFFILIATES, SUBSIDIARIES, SUPPLIERS, AND/OR LICENSORS FOR ANY AND ALL DAMAGES ARISING OUT, FROM, OR IN CONNECTION WITH THIS AGREEMENT OR THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT ARE MADE ON BEHALF OF HANOVER AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE STOCKHOLDERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU; PROVIDED, HOWEVER, THAT IN SUCH JURISDICTIONS HANOVER'S AND ITS AFFILIATES', SUBSIDIARIES', SUPPLIERS', AND/OR LICENSORS' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Equitable Relief Because Hanover would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Hanover will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any and all other remedies which Hanover may have under applicable laws.
INDEMNIFICATION. YOU SHALL, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND HOLD HARMLESS HANOVER 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 APP OR SERVICES OFFERED THEREWITH OR THIRD PARTY CONTENT AND/OR SERVICES; (II) YOUR BREACH OF THIS AGREEMENT; (III) YOUR VIOLATION OF ANY LAW, RULE, CODE, REGULATION, OR STATUTE; (IV) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (V) YOUR VIOLATION OF THE RIGHTS OF HANOVER OR ANY 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 THIS AGREEMENT. HANOVER RESERVES THE RIGHT, AT HANOVER'S OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH MATTER SUBJECT TO INDEMNIFICATION BY YOU.
Export. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App or any other products governed by this Agreement for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
Government Users. The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Information / Complaints. Any questions, complaints, or claims with respect to the App should be directed to: The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
Attention: Agency Support Team
Jurisdiction. The laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions, govern this Agreement and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws you agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, nor to any dispute or transaction arising hereunder or in connection herewith. The App is controlled or operated (or both) from the United States and is not intended to subject Hanover to any non-United States law or jurisdiction. The App may not be appropriate or available for use in some non-United states jurisdictions or within certain state(s) or jurisdiction(s) within the United States. Any use of the App is at your own risk. You must comply, and you hereby expressly agree to comply, with any and all applicable laws, rules, codes, and regulations in connection with or related to your use of the App. Hanover may, at Hanover's sole discretion, limit the availability of the App at any time, in whole or in part, to any person, group, geographic area, territory, or jurisdiction as Hanover may choose.
Arbitration. YOU AND HANOVER AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR OTHER LEGAL THEORY, SHALL BE DETERMINED AND RESOLVED BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HANOVER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND THAT YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. YOU AND HANOVER EXPRESSLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR HANOVER'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, PURPORTED CLASS, OR REPRESENTATIVE PROCEEDING. This arbitration provision shall survive termination of this Agreement. The arbitration will be governed and administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures. Unless both you and Hanover agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's decision will follow the terms and conditions of this Agreement and will be final and binding. The arbitrator shall decide any issues relating to the enforceability and/or applicability of the arbitration provisions of this Agreement to the dispute. The arbitrator will have authority to award interim, temporary, permanent declaratory or injunctive relief, or specific performance of this Agreement, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim before the arbitrator. The award rendered by the arbitrator may be enforced and confirmed in any court having proper jurisdiction. The courts of the Commonwealth of Massachusetts will have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the arbitration. Notwithstanding the foregoing, nothing contained in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they may seek relief against Hanover for you.
Reservation of Rights. Hanover reserves the right to take such steps as Hanover believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Hanover has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or such third party(ies) as Hanover believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Hanover's right to cooperate with any legal process relating to your use of the App and/or any third-party claim that your use of the App is unlawful and/or infringes such third party's rights).
Miscellaneous. (a) If any provision of this Agreement is held invalid, unlawful, or for any reason unenforceable, then that provision shall be severed from the remaining provisions and shall not affect the validity or enforceability of the remaining provisions; (b) This Agreement represents the complete agreement concerning the license of the App between you and Hanover and supersedes all prior or contemporaneous agreements and representations between you and Hanover regarding the same subject matter; (c) If this Agreement is translated into a language other than English, you agree that the English version will prevail to the extent of any discrepancy in meaning between the English version and its translation; (d) Except and only to the extent prohibited by applicable law, you agree that any and all disagreements, disputes, claims, mediation, arbitration, litigation, etc., related to this Agreement shall be conducted in the English language, including but in no way limited to all correspondence, requests, motions, notices, consents, requests for discovery, interrogatories, submissions, filings, pleadings, arguments, orders, and judgments; (e) We hereby notify you that parental control protections (including but not limited to computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors; and (f) This Agreement may be amended only by Hanover.