Usage Based Insurance Programs Terms and Conditions

The following outlines the terms of participation, privacy and information use standards and requirements for enrollment in a Usage Based Insurance Program (collectively “Programs”) offered by Liberty Mutual, meaning Liberty Mutual Group Inc. and any affiliates, subsidiaries and parent companies, including those companies operating as Safeco Insurance (“Liberty” or the “Companies.”).

The Companies offer several programs that collect certain data, which may be used to adjust premiums for auto insurance policies they issue. This agreement governs your enrollment in the Program, access to information stored on a third-party website, and your use of any technology required to enable the collection of certain data as part of the Program. ("Technology"). Liberty may work with other companies to provide you with services and benefits. These parties are collectively referred to in these Terms as “Service Providers.”

By participating in the Program, you are expressly permitting Companies to collect and transmit your data through the Technology. A list of the data elements collected can be viewed at https://www.libertymutual.com/telematics-data

Participation in the Program is voluntary. If you do not agree with these Terms and Conditions, then you should not participate in the Program. Your consent to these Terms and Conditions is shown by your signature. To consent, you must be a Named Insured on your auto policy and have the authority to express consent for all rated drivers, vehicles and operators on that policy. These Terms and Conditions apply to all vehicles and all drivers on your policy, whenever added. Your ongoing use of the Technology indicates your acknowledgement and acceptance of these Terms and Conditions.

You also agree that the data collected and any adjustment made to the premium for an auto insurance policy issued by Liberty based on that data will apply to your policy, including any endorsements or changes to your policy.

REVIEW PERIOD
The Review Period will begin on the date you install, activate or register the Technology. You are required to properly install, activate or register the Technology in order to participate in the Program and have the Technology active during the course of the Review Period.

PREMIUM ADJUSTMENT
Depending on the Program, the premium for an auto policy issued by Liberty may be adjusted based on your collected data. Some Programs may only involve the use of Technology and may not involve the issuance of insurance or adjustment of insurance premiums.

USE OF DATA AND PRIVACY
The Companies value and respect your privacy. Neither we nor our Service Providers will share personally identifiable data collected with any third party except to service an auto policy we issue, for research, or as required by law. We may use the data on an aggregated and anonymized basis for research purposes and share that data with third parties. We reserve the right to collect data as long as the Technology is in use. We may retain the collected data indefinitely, subject to state requirements. The data we collect shall not affect either cancellation or nonrenewal of an auto insurance policy we issue.

USE OF TECHNOLOGY
You agree that you will not destroy, alter, disassemble, duplicate, clone, or otherwise tamper with the Technology, nor will you attempt to reverse engineer the firmware, software, or source code.

Use of the Technology may result in smartphone wireless carrier data charges. You are responsible for all data charges associated with the use of the Technology.

RETURNING THE TECHNOLOGY
If the Technology involves the use of a physical device, the following applies. Failure to return the Technology in good working condition (normal wear and tear excepted) may result in a fee to recover its cost.

PROGRAM ELIGIBILITY
Program eligibility is contingent upon your providing a valid email address or other contact information approved by the Companies, signature/acknowledgment of these Terms and Conditions, and proper installation, activation or registration of the Technology.

ENROLLMENT CHANGES
For programs that can result in an adjustment of the premium for an auto insurance policy issued by Liberty, at your request, you can be re-enrolled in the Program once per policy term and the new premium adjustment may supersede the prior premium adjustment. Enrollment may be cancelled if we do not receive enough information to properly derive a premium adjustment. Enrollment may also be cancelled if there is evidence of tampering with the Technology or evidence of frequent disablement of the Technology. We reserve the right to remove any premium adjustment or bar you from future participation in the Programs if we uncover evidence of tampering or frequent Technology disablement.

OTHER TERMS
The Companies will not assume any liability for damages caused by the Technology. Further, we shall not be liable for any indirect, incidental, consequential, special, punitive, exemplary or other damages arising out of or in any way related to the Technology or the Program, including without limitation, damage for bodily injury, lost wages, or damage to your smartphone, other vehicles or property, caused by or resulting from the installation, activation or registration of the Technology. Nor are we liable for the unauthorized disclosure or use of the information collected by the Technology, or actions or inactions, of any Service Provider or third-party.

You agree to defend, indemnify and hold the Companies and our Service Providers harmless for any and all liability, loss, claims, costs and expenses whatsoever arising from your use of the Technology.

In the event this limitation of liability is held to be inapplicable or unenforceable for any reason, in whole or in part, then our aggregate liability for any reason and upon any cause of action arising out of or in any way related to the Technology shall be limited to direct property damage to the vehicle in which it is installed. Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

UPDATING PROGRAM TERMS AND CONDITIONS
We reserve the right to modify or discontinue the Program with or without notice to you. If we discontinue the Program, you must cease use of the Technology.

You should check for any changes to the Terms and Conditions on https://www.libertymutual.com/righttrack-terms-conditions. If you continue to use the Program after any changes to the Terms and Conditions are posted on this site, you will be considered to have accepted, and to have agreed to be legally bound by, such changes.
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