This Polly for Partners Portal (“Partner Portal”) is provided by Polly Insurance Agency, LLC (“Polly”).
Each time you access, browse or use the Partner Portal, you are agreeing to comply with and be bound by these Terms of Use (“Terms”). If you mis-use the Partner Portal or any of its content, your access may be terminated.
These Terms apply solely to the Polly for Partners Portal, and not to any other Polly products, applications, websites, or portals. We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site and by continuing to use this Site, you agree to any changes.
The Partner Portal contains materials (including but not limited to logos, marketing materials, reports, software and APIs programs, methods, designs and screen formats) owned by us and/or third parties (Our Suppliers) and licensed to us (collectively, Our Materials). We and Our Suppliers retain full and exclusive right, license, title and ownership in and to the Partner Portal and Our Materials, their separate elements and all intellectual property rights associated therewith, including all derivative works regardless of their origin.
We reserve any right not specifically granted to you herein.
No ownership interest in the Partner Portal, its contents or any element thereof is conveyed by these Terms, regardless of whether you suggest a feature or element or are involved in the development, improvement or testing of any feature or element.
you may use, copy and distribute the marketing materials and reports available to you in the Partner Portal solely in support of the relationship between you and Polly. You may not remove any copyright, attribution or other markings on the material provided to you.
You shall use the Partner Portal in a manner consistent with all applicable federal, state and local laws and regulations including without limitation, copyright, trademark, export control laws and laws prohibiting the use of telecommunications facilities to transmit illegal, obscene, threatening, harassing, or other offensive messages. You shall not share your login credentials with any other party.
You understand and agree that we and Our Suppliers have proprietary rights in certain trademarks, service marks, trade names, corporate names, doing-business-as names and in the screen formats used for displaying the Partner Portal (the Intangible Property). You agree not to use the Intangible Property in any way that would infringe our rights and those of Our Suppliers. You agree not to alter, remove, or obscure any copyright or trademark notices or other proprietary notices on and in any part of the Services.
You may not attempt to gain unauthorized access to any portion or feature of the Partner Portal, or any other systems or networks connected to the Partner Portal, or to any of the services offered on or through the Partner Portal, by hacking, password "mining" or any other illegitimate means.
You shall refrain from any and all efforts, directly or indirectly, to reverse engineer the Partner Portal or to develop any derivative or competitive work of any kind.
You may have access to “Protected Data” when you use the Partner Portal. “Protected Data” is data that can be used to identify or locate a person, including but not limited to name, address, telephone number, email address, or driver’s license number. This “Protected Data” also includes “non-public personal information,” which includes personally identifiable financial information. You are responsible for protecting any “Protected Data” you collect or access while using the Software, and for protecting the “Protected Data” in accordance with the policies, procedures, controls and safeguards of your employer. You shall not use the “Protected Data” or any other data in the Partner Portal for any other use.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE PARTNER PORTAL, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY US, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY ASSURANCE OF SATISFACTION) ARE HEREBY DISCLAIMED, OVERRIDDEN, AND EXCLUDED. ANY PROMISE, COMMITMENT OR ASSURANCE OF ERROR FREE OR UNINTERRUPTED USE OF THE PARTNER PORTAL OR ASSURANCE AGAINST THE LOSS OF DATA IS ALSO HEREBY DISCLAIMED.
NEITHER WE NOR OUR SUPPLIERS AND THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, OR OTHER DIRECT OR INDIRECT LOSS OR DAMAGE) OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF WE, OUR SUPPLIERS, OR THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We may periodically send you information related to your use of the Partner Portal, including by email and text. You consent to receive communications from Polly electronically (including but not limited to automated email and text messages) at any address or telephone number (including wireless, landline and VOIP numbers) you provide in connection with the use of the Partner Portal.
You are responsible for all charges and fees associated with text messaging imposed by your service providers in connection with these communications. Polly will not be liable to you in connection with this consent for any special, indirect, or consequential damages.
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed amended to achieve as closely as possible the intended effect of the original provision, and such determination shall not affect the validity or enforceability of any other part or provision of these Terms.
These Terms shall be governed by, and interpreted, construed and enforced in accordance with the laws of the State of Vermont, without giving force or effect to the principles of conflicts of laws. The headings herein are provided for convenience only and shall not be construed to infer intent or meaning.
In the event of any dispute arising out of or concerning these Terms, both Parties agree to use reasonable best efforts to resolve any such dispute amicably, in good faith, and expeditiously prior to resorting to litigation. The courts of the State of Vermont serving Chittenden County, Vermont, shall have exclusive jurisdiction over both Parties with respect to any dispute or controversy arising under or in connection with these Terms.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
Polly Insurance Agency Legal Department
2300 Saint George Road
Williston, VT 05495
(802) 665-9000
Attn: Legal
Last revised 05/02/2022