Terms of Use
These Terms of Use govern your access to and use of the ferrisagency.com website. Your use of the Site is expressly conditioned on your acceptance of these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Site.
Ferris reserves the right to modify these Terms of Use at any time, and will post the changes on this page. Continued use of the Site by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly.
PERMITTED USES
Ferris makes the Site available to you, subject to your acceptance of these Terms of Use, without charge for the purpose of providing you with information about Ferris, its services and insurance services in general. The Site may be used for that purpose only and not for any other purpose, including any commercial purposes.
Agreement to be Legally Bound by These Terms
Please read these Terms of Use carefully before using the Site as they govern your access to and use of the Site, as more fully explained below.
By using the Site, including by navigating through pages within the Site or downloading any Content (defined below) from the Site, you agree to abide and be legally bound by these Terms of Use, including any changes or updates that may be posted on the Site from time to time. The Terms of Use as posted on any given date that you use the Site shall govern such use. If you do not agree to abide and be legally bound by these Terms of Use, the Online Privacy Policy, or any other terms published on the Site, do not use the Site or download Content from the Site.
Limited License
The content on the Site, including without limitation, the materials, information, text, software, code, scripts, graphics, photos, sounds, music, videos, interactive features and the like, as well as the trademarks, service marks, and logos (collectively, the “Content”), are owned by or licensed to Ferris unless expressly disclaimed and are subject to copyright, trademark and other intellectual property rights under the law.
Subject to these Terms of Use, Ferris grants you a limited right to view, access, and display the Content within the Site for personal use only. Your limited license is not transferable, nor is it exclusive to you. Ferris may terminate your license, in whole or in part, for any reason and at any time with or without notice. Your license is also dependent on your agreement not to interrupt or attempt to interrupt the operation of the Site.
You may download the Content only for the purposes stated above. This license is not a transfer of title in the Content or any copies of the Content and is subject to the following restrictions:
You may not modify the Content in any way (including the removal of any copyright or other proprietary notice contained in the Content), or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose.
You agree to abide by all additional restrictions as may be displayed on the Site from time to time. The Site, including all Content, is protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws in your use of the Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Ferris does not grant any express or implied right to you in or to any Content.
Permissions & Restrictions
Ferris hereby grants you permission to access and use the Site as set forth in these Terms of Use, provided that:
Ferris reserves the right to discontinue any aspect of the Site at any time.
- You agree not to distribute any part of the Site, in any medium, without the prior written consent of Ferris other than through functions and features provided through the Site (such as a downloadable image).
- You agree not to alter or modify any part of the Site.
- You agree not to use any part of the Site for any commercial purpose without the prior written authorization of Ferris. Prohibited commercial uses include without limitation any of the following actions taken without Ferris’s express written approval:
- sale or transfer of access to the Site on another website or mobile application;
- use of the Site or any information on the Site for the purpose of gaining advertising or subscription revenue; or,
- the sale of advertising on the Site or any third-party website targeted to any information on the Site.
- Prohibited commercial uses do not include uploading of original material to the Site approved in advance or expressly authorized by Ferris in writing.
- You agree not to use or launch any automated system, process or method, including without limitation, “robots,” “spiders,” “offline readers,” or similar devices, to access the Site in a disruptive manner, send more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period of time using a conventional online web browser, or comb the Site for the purpose of displaying the Site contents at any other location. Notwithstanding the foregoing, Ferris grants the operators of public search engines permission to use spiders to reference or link to materials on the Site for the sole purpose of creating publicly available searchable indices of the materials. As with all provisions of these Terms of Use, Ferris reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including usernames, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any unlawful purpose. You agree not to solicit, for commercial purposes, any users of the Site.
- In your use of the Site, you will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations.
- Ferris reserves the right to discontinue any aspect of the Site at any time.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
- Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Ferris to locate the material;Information reasonably sufficient to permit Ferris to contact you, such as an address, telephone number and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You may contact Ferris’s designated Copyright Agent with notifications of claimed infringement at: DMCA TAKE-DOWN NOTICE, Ferris Agency, 2314 Lyell Ave,
- Rochester NY 14606; email: info@ferris-agency.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice
If you believe that Content you submitted to the Site that was removed (or to which access was disabled) pursuant to this section is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location on the Site at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Ferris, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, Ferris may send a copy of the counter-notice to the original complaining party informing that person that Ferris may restore the removed Content or cease disabling it. Ferris, at its sole discretion, may replace the removed Content.
Disclaimer
CONTENT PROVIDED THROUGH THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. FERRIS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
FOR COMPLETE DETAILS ABOUT ANY POLICY OR SERVICES OFFERED BY ANY FERRIS AGENCY, YOU SHOULD CONTACT YOUR LOCAL FERRIS AGENT. POLICIES AND SERVICES ARE OFTEN PROVIDED ON AN INDIVIDUAL BASIS AND WILL VARY DEPENDING ON YOUR SPECIFIC SITUATION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR CONTENT WILL BE AT YOUR SOLE RISK.
FERRIS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO THESE TERMS OF USE, THE SITE AND THE CONTENT, AND THE PRODUCTS, PROGRAMS, SERVICES AND PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE, AND CONTENT ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Third Party Sites
As a convenience to you, Ferris may provide, on the Site, links to websites operated by other entities. If you link to and use any such websites, you will leave the Site, and you may be subject to the terms and conditions governing the use of such third-party websites. Clicking on any link within the Site to a third party website is done solely at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may arise or result from the use of any third party website.
Ferris makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links to third party websites do not imply that Ferris sponsors, endorses, is affiliated or associated with such third parties, or that Ferris is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such websites, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Ferris.
Information Provided By You
Ferris does not want you to, and you should not, send any confidential or proprietary information to Ferris via the Site except as expressly or implicitly indicated by the Site functionality. See Ferris’s Privacy Policy for additional information.
Do not send business proposals, inventions or ideas to Ferris through the Site. You agree that any materials or information that you or individuals acting on your behalf provide to Ferris will not be considered confidential or proprietary to you, except to the extent it is nonpublic personal information covered by the Ferris Agency Privacy Policy.
To the extent you provide any materials or information to Ferris other than nonpublic personal information, you grant to Ferris an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, sublicense, transmit and distribute such materials and information, in any medium and in any form, and you further agree that Ferris is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Ferris through or by means of the Site.
You further recognize that Ferris does not want you to, and you warrant that you will not, provide to Ferris, or post or transmit through the Site, any information that is defamatory, threatening, obscene, harassing, or otherwise unlawful, that infringes the intellectual property rights of another, or incorporates the proprietary material of another except as authorized.
USERNAME ACCOUNTS
In order to access some features of the Site, including Online Account and/or Mobile App, you may have to create a username account. The information you provide at that time will constitute the basis for your username account. You may never use another’s username account without permission.
When creating your username account, you must provide accurate and complete information. You agree that you will not provide a false or fraudulent email address. If you create any username account that contains false information or omits any material information, you may not access or use the Site, and waive any rights to do so, including those described in these Terms of Use.
You are solely responsible for the activity that occurs on your username account. Should you establish a username and password on the Site, you must keep your username account password secure. Ferris is not responsible for any other Site user or third party’s use or theft of your username and password. You must notify Ferris immediately of any breach of security or unauthorized use of your username account. Although Ferris will not be liable for your losses caused by any unauthorized use of your username account, you will be liable for the losses of Ferris or others due to such unauthorized use.
Ferris reserves the right to take appropriate action against any person who misrepresents his or her identity or improperly or fraudulently accesses policy information on the Site. This action may include, but is not limited to, legal action against any person accessing policy information in violation of any state or federal law or regulation.
Ferris may use the information you provide on the Site and any other website operated by Ferris, including your username account information, for any purpose, commercial or non-commercial, including without limitation for marketing purposes and for distribution of electronic mail messages to any email address provided.
Account Termination
Ferris may terminate your username account and, to the extent possible, your access to the Site if Ferris determines that you have taken any action in violation of these Terms of Use. Further, Ferris may terminate, block or otherwise inhibit access to any Site visitor Ferris deems to have violated any of these Terms of Use, including by blocking any IP address or other indication of the source of behavior, content or usage of the Site that violates these Terms of Use.
paperless terms of use
This Agreement is Ferris’s Terms of Use for electronic delivery of select written communications concerning your policy (“Paperless”). If your policy, or the policy that you are authorized by the Named Insured to access through your username account as the authorized representative (“Authorized Representative”), is eligible for enrollment in Paperless, written communications delivered electronically in electronic format may include policy documents, billing invoices, return payment notices and debit withdrawal notices, auto policy ID Cards, Notices or disclosures. At this time, cancellation, nonrenewal, conditional renewal, renewal with altered terms and premium increase notices are NOT subject to Paperless electronic delivery. Only the policy Category for the eligible policy(ies) you have selected will be enrolled for this service. The policy Categories available for Paperless delivery are: Policy Details (Declarations), ID Cards and Billing Invoices or Billing Documents. Not all policies are eligible for this service and not all policy documents are being delivered electronically. In order to enroll in Paperless, you must create a username account with a valid email address.
Paperless refers to the services available through your username account for the policy(ies) that you are authorized by the Named Insured to access, that permit you to receive electronic notification of a policy document being delivered to your username account, which you can view, print, or download. By enrolling in Paperless, you, as the Named Insured or as the Authorized Representative, consent to electronic delivery of notifications for new document availability in your username account and agree to be bound by these Paperless Terms of Use, in addition to the other Terms of Use for the Site. If you do not agree with any of these Terms of Use, you may not enroll in Paperless. Ferris is not required to deliver information electronically. Ferris may discontinue Paperless in whole or in part, or change the Terms of Use, at any time. Your continued participation in Paperless, as the Named Insured or as the Authorized Representative of the Named Insured, will constitute your acceptance of any revisions to these Terms of Use. Please check these Terms of Use on the Site regularly. Upon enrolling in Paperless, you will receive a confirmation email from Ferris. You should contact Ferris Customer Care at 1-800-485-0811 if you do not receive this confirmation email within 5 business days. By enrolling in Paperless, you, as the Named Insured or as the Authorized Representative of the Named Insured, agree to electronically receive eligible Paperless policy documents, ID cards, and/or billing invoices either (1) via email; or (2) by your accessing the Site through your username account, pursuant to an email notice that we send to you at the time a document becomes available. It is your responsibility to log in to your username account for the Site to view your Paperless documents. Ferris may continue to send paper copies of certain documents to you via United States Postal Services (USPS), if required by law or as otherwise necessary due to technical or process considerations. Electronic delivery is not currently available for all documents.
It is your responsibility as the Named Insured or Authorized Representative to maintain a valid, current email address and immediately notify Ferris of any change in your email address through your username account. Ensure that your email is active and capable of receiving new emails from Ferris. Your email account must have sufficient space for new emails and your email server and spam-blocking software must not block Ferris’s emails. Ferris is not responsible for problems arising from emails sent to an inactive or out-of-date email address, or for email messages that are undeliverable because your email address was not capable of receiving email messages from Ferris, unless we are solely negligent for using an incorrect address. We will make an additional attempt to redeliver an email message that is returned to Ferris as undeliverable. If it is returned once again as undeliverable, we will presume that you have withdrawn your consent for Paperless delivery in that specific Paperless delivery Category. You will be unenrolled for Paperless for only the Paperless delivery Category that had an undeliverable email address. Going forward, your documents for that Category will be sent to your mailing address on file via the United States Postal Service (USPS). Your enrollment selection for remaining Paperless delivery Categories will remain unchanged. Your consent, as the Named Insured or as the Authorized Representative, to enrollment in Paperless will remain in effect for each selected Paperless delivery Category and policy until termination or cancellation of the policy, or until you revoke your consent for the specific Paperless delivery Category. Paperless electronic delivery will remain in effect following any policy modification or renewal. There is no charge associated with enrolling or un-enrolling in Paperless. You, as the Named Insured or as the Authorized Representative, may unenroll from Paperless and withdraw your consent to transact business electronically by updating your preferences through your username account under Settings. (Please allow up to 24 hours to process your unenrollment.) The delivery selection of your billing invoices does not alter the payment due date or debit withdrawal date and may not take effect until the next billing cycle or policy period.
Email notifications will be sent to the email address on file with your username account as a Named Insured or an Authorized Representative to advise once your electronic documents are available to view in your username account. Documents will be made available via your username account in a PDF or HTML format, so you must have a valid email account, access to an Internet browser, appropriate document viewer such as Acrobat® or similar software, and an active username account to access and view the documents. If you wish to print documents, you must also have access to a printer. Note that you may have the ability to access and view your documents on demand through your username account.
Ferris will not send you a paper copy of any document unless you request it, Ferris otherwise deems it appropriate, or Ferris is legally required to do so. You may obtain a paper copy of any document Ferris provides to you electronically by printing it yourself or by requesting that Ferris mail you a paper copy. To request a paper copy of a document, contact your Ferris Agent or email us at info@ferris-agency.com.
All communications in either electronic or paper format from Ferris to you, as the Named Insured or as the Authorized Representative will be considered “in writing.” You should print or download for your records a copy of all documents, these Paperless Terms of Use and any other document that is important to you.
You acknowledge and agree that your consent to transact electronic business is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and your state’s UETA law as applicable.
limitation of damages
IN NO EVENT WILL FERRIS, OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR ANY OF ITS SUBSIDIARIES, BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, ANY ASPECT OF THE SITE INCLUDING WITHOUT LIMITATION THE CONTENT AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF FERRIS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes to These Terms of Use
Ferris reserves the right, at its sole discretion, to modify, add or remove all or any portion of these Terms of Use at any time. Changes will be effective when they are posted. Your continued use of the Site, Online Account and/or Mobile App after any changes are posted will be considered acceptance of those changes. If you do not agree to any changes, you may not continue to access or use the Site. Ferris may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and without notice or liability. Ferris may also impose limits on certain features and services or restrict your access to all or part of the Site without notice or liability.
Location of Use and Choice of Law
The Site is controlled, operated and administered by Ferris from its offices within the State of New York, United States of America. Ferris makes no representation that the Site, or any Content, is appropriate or available for use at other locations outside of the United States, and access to the Site from territories where the Contents is illegal is prohibited. The Site is not intended to, and may not be used to, provide information regarding insurance products in any state where Ferris is not licensed to do business. You may not use the Site or export any Content in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.
You and Ferris agree that the laws of the State of New York govern these Terms of Use, without giving effect to any of its conflict of laws provisions that would direct the application of the laws of any other jurisdiction.
Relation to Other Agreements or Policies
These Terms of Use, and Ferris’s Privacy Policy, which is hereby incorporated into and made part of these Terms of Use, constitute the entire agreement between Ferris and you with respect to your access to and use of the Site and any Content.
SEVERABILITY
If for any reason any provision of these Terms of Use is ruled to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use will continue in full force and effect.