TERMS AND CONDITIONS
The term “Terms and Conditions” as used herein includes both the General Terms and Conditions and the Online Services Terms and Conditions appearing below. Your use of this web site is governed by and subject to these Terms and Conditions. BY USING THE SERVICES MADE AVAILABLE ON THIS WEB SITE YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.
This web site presents information and content that is owned or licensed by Encharter Insurance LLC (the “Company”). When used in these Terms and Conditions, “we”, “our” and “us” mean the Company.
The Company is a member of the Plymouth Rock Group of Companies, a group of separate companies that write and manage property and casualty insurance in multiple states under a variety of marketing and brand names. You acknowledge that the Company is not an insurer, that it is financially responsible only for its own activities, and that your actual insurance coverage (if any) is subject to the language of your insurance policies.
The content on this web site and these Terms and Conditions, are subject to change or updating by the Company at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. YOUR CONTINUING USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGE OR UPDATE, ALL OF WHICH SHALL BECOME CONTROLLING WHEN POSTED.
Use of Site By Non-U.S. Persons
The Company makes no claims that the content on this web site 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 site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
No Reporting of Claims on this Site
You may not report a claim on this web site. In order to file a valid report of a claim, you must directly notify your insurance carrier.
As with all financial matters, you should exercise great care in using the information provided on this web site or available through links from this web site. Nothing on this web site should be construed as rendering tax, legal, investment, or accounting advice.
Ownership and Use of Content
All of the information and content on this web site, including but not limited to all text, graphics, software applications, video and audio files, and photos (“Content”) is owned, copyrighted, or licensed by the Company and/or its affiliated companies or content suppliers, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. The Company’s logo, all other service marks, and the names of the various products and services described within are service marks of the Company, its affiliates, or insurance carriers. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other web site or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another web site, is expressly prohibited without the prior written permission of the Company.
From time to time, as a convenience for you, we may provide links to third party web sites, or permit third parties to link to this web site. Links to or from a third party site, whether provided by the Company or not, do not imply any affiliation between the Company and the site owner, or an endorsement, approval, or verification by the Company of any content available on such third party sites. We do not periodically review these third party sites and we are not responsible or liable for the accuracy or completeness of the content on any such third party sites. By providing access to other web sites, the Company is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this web site upon request from the owner of the linked site.
WE WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS WEB SITE. HOWEVER, THE CONTENT ON THIS WEB SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS WEB SITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER PUBLICATION. THE COMPANY UNDERTAKES NO OBLIGATION TO KEEP ANY SUCH INFORMATION CURRENT. THE COMPANY ENDEAVORS TO MAINTAIN THIS WEB SITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. TO THE EXTENT, IF ANY, THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEB SITE, OR ANY OTHER WEB SITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEB SITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THIS WEB SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE COMPANY LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE (OR ANY OTHER LINKED WEB SITE), 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 ON THIS WEB SITE (OR ANY OTHER LINKED WEB SITE). THE COMPANY SHALL NOT BE LIABLE EVEN IF THE COMPANY OR ANY AUTHORIZED REPRESENTATIVE 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 VIRUS OR OTHER HARMFUL COMPONENT.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, without giving effect to conflict of law principles thereof. Persons who access this web site do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.
Choice of Forum
The Company and you: (a) hereby irrevocably submit to the jurisdiction of the federal and state courts in Boston, Massachusetts and (b) hereby waive to the extent not prohibited by applicable law, and agree not to assert, by way of motion, as a defense or otherwise any claim that (i) the Company or you is not subject personally to the jurisdiction of the above-named courts, (ii) any action, suit or proceeding may not be brought or maintained in one of the above-named courts, (iii) any such action should be dismissed on grounds of forum non conveniens, should be transferred to any court other than one of the above-named courts or should be stayed by virtue of the pendency of any other action, suit or proceeding in any court other than one of the above-named courts, or (iv) this Agreement or the subject matter hereof may not be enforced in or by any of the above-named courts. The Company and you each hereby consents to service of process in any such action in any manner permitted by the laws of the Commonwealth of Massachusetts, agrees that service of process by registered or certified mail, return receipt requested is reasonably calculated to give actual notice and waives and agrees not to assert by way of motion, as a defense of or otherwise, in any such action any claim that service of process made in accordance with this Section hereof does not constitute good and sufficient service of process. The provisions of this Section shall not restrict the ability of any Party to enforce in any court of competent jurisdiction any judgment obtained from any federal or state court in Boston, Massachusetts.
These Terms and Conditions constitute the entire agreement between the Company and you and supersede all prior agreements, whether written or oral between the Company and you, relating to this web site.
We typically purchase your insurance products from insurance companies that we represent. These insurers customarily compensate us (directly or through insurance intermediaries) with a commission payment based upon the percentage of insurance premiums charged to you. We may also receive additional compensation from insurers and intermediaries contingent on the volume, growth, retention and/or profitability of the policies that we place, or other factors. On some commercial accounts we may charge a fee directly to you. Your insurance products may be placed with our affiliated companies, including, without limitation, Plymouth Rock Assurance Corporation, Bunker Hill Insurance Company, Bunker Hill Insurance Casualty Company, Bunker Hill Preferred Insurance Company, Bunker Hill Property Insurance Company, Bunker Hill Security Insurance Company, and Pilgrim Insurance Company. If you would like to know more about these companies or our specific compensation for your products, please feel free to inquire directly with us.
Online Services Terms and Conditions
Your use of any online services on this web site is also subject to the following Online Services Terms and Conditions:
No Insurance Coverage without a Written Binder
No insurance coverages can be bound and no changes can be made to your policy, new or existing, unless and until you have received a written policy binder either from us or your insurer. Your submission of a completed form to us via this web site acts merely as a request for a change or a request for information – it does not constitute a binding coverage agreement. If you do not hear from us on the next business day after submitting a request for information or a request for a change, please contact us.
While we provide certain internet security technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error. You acknowledge and agree that you will not transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by the Company.
Goods and Services Provided by Third Party Merchants
We 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 this web site. 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 we do not endorse or warrant any third party merchants, merchant offers, or goods and services that are purchased or accessible through this web site from third party merchants. Any savings advertised through this web site 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. We make no warranty regarding any goods or services purchased or obtained from third party merchants through this web site or any transactions with any third party merchants.
Submission of Content on this Web Site
To the extent, if any, that this web site allows users to submit “Content” (as defined above under “Ownership and Use of Content”) to the web site, you explicitly agree that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, or give rise to civil or criminal liability; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; or (c) provide or use this web site and any Content or service in any commercial manner.
By providing any Content to our web site: (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part in any form, media, or technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the foregoing license; and (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
Encharter Producer Licenses
Connecticut – Encharter Insurance LLC # 2094002
Massachusetts – Encharter Insurance LLC # 1783435
Florida – Encharter Insurance LLC # L102178
Maine – Encharter Insurance LLC # AGN94429
New Hampshire – Encharter Insurance LLC # 0395723
New Jersey – Encharter Insurance LLC # 1022084
These Terms and Conditions were last amended on May 20, 2020