Customer Service: 800-418-3280

Terms and Conditions

Terms and Conditions

Maidstone Insurance Company

Online Payments Service Terms and Conditions

These are terms and conditions concerning your use of the Maidstone Insurance Company (the “Company“) website and your use of the Company website for Online Payments. By accessing and using this site, you agree to abide by and to be bound by the following terms and conditions. THIS INFORMATION ESTABLISHES the Company‘s LEGAL RIGHTS CONCERNING YOUR USE OF THE WEBSITE AND CONCERNING PAYMENTS, CREDITS, CHARGES, STARTING AND ENDING SERVICE, LIMITATIONS OF LIABILITY, SETTLEMENT OF DISPUTES BY NEUTRAL ARBITRATION INSTEAD OF JURY TRIALS AND CLASS ACTIONS, AND OTHER IMPORTANT TOPICS.

Online Payments

To the extent you utilize the Company‘s online payment services; you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be a system failure that may limit your ability to use the online payment service. You agree to assume all risk and liability arising from your use of the Company‘s online payment services, including the risk of breach in the security of the communications or transactions you conduct with the Company online. The Company‘s online payment services are provided “As Is” without warranty of any kind, whether expressed or implied, including without limitation the implied warranties of merchantability fitness for a particular purpose or otherwise.

In order to use the Company‘s online payment service you are required to complete the enrollment process by providing us with complete and accurate information as prompted by the applicable enrollment form provided on the enrollment screen. By completing the enrollment form, and clicking the “I Agree” button, you authorize the Company to display your payment information on a secured Internet site. You are responsible for keeping your correct and current email address information in your customer profile. You are entirely responsible for maintaining the confidentiality of your password, banking information, credit card information and the Company account information. You will occasionally receive emails related to your online payment account.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately upon your discovery of unauthorized use of your account and any other breach of security. The Company will not be responsible for any loss you may incur as a result of someone else misusing your password, banking information, credit card information and the Company account either with or without your permission.

You are solely responsible for maintaining the confidentiality of your password, and agree that the Company will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, call us immediately at 1-800-418-3280 between the hours of 8:30 am and 4:30 pm ET or email the Company at CustomerService@Maidstone.com. If you use a third party vendor (or distributor) to make your payment and you disclose to such vendor your username, password, account number, the Company will not be responsible for the accuracy and timeliness of processing your payment.

For purposes of identification, payments and marketing, you agree to provide the Company with current, accurate, complete, and updated information required by the registration for Online Payment, including policy number, legal name, address, telephone number(s), and applicable payment data (e.g. bank account number). You agree to notify the Company immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term. Please review our Privacy Statement.

However, you could be held liable for losses incurred by the Company or another party due to someone else using your password. You may not use anyone else’s account at any time without the permission of the account holder.

For policy record purposes, we consider your online payment received by us for processing, as of the Payment Transaction Date as indicated on the Payment Confirmation provided to you online. Further processing of your payment is subject to existing policy provisions.

For debits to your bank accounts – You authorize us to initiate an electronic transfer of funds in accordance with your online payment instructions. Our designated bank service provider will deduct funds (U.S. dollars) from your designated bank account using an Automated Clearing House (ACH) transaction. Payments made using the Company online payment services will be deducted from your designated checking or savings account for policy payment purposes only.

You are solely responsible for providing us with valid and accurate information for the bank account indicated for each payment.

We will acknowledge each online payment you initiate with an online Payment Confirmation. All payments are subject to collection.

If payment-in-full is confirmed by us on or before the due date or within the grace period for your policy, your payment will be accepted. Coverage will be determined in accordance with your policy provisions. Please see your policy for details. Note: The Company Online payment services may not be available for making payments online after the bill Due Date. Contact your broker or agent for assistance if you have any questions regarding Late Payments.

It is understood that issuance of our online Payment Confirmation does not constitute a waiver, by the Company, of any portion or provision of the policy herein referred to, of any applicable statute, regulation or law, or an admission by the company that there is any insurance in force. If such policy shall have terminated, issuance of the online Payment Confirmation shall not itself constitute a reinstatement. Refer to your policy for information regarding reinstatements, and contact your broker or agent for assistance if you have any questions.

Online payment services are not available for making account or policy payments after the corresponding policy has been cancelled, pursuant to the provisions of your policy and all applicable statutes, regulations and laws. Contact your broker or agent immediately if you have any questions regarding the status of your policy.

Online payment services are available for use with U.S. issued policies only.

Payments made via the Company‘s online payment services are subject to existing policy provisions and all applicable statutes, regulations and laws. Nothing herein changes policy provisions or existing statutes, regulations and laws. See your printed policy and applicable statutes, regulations and laws for exact provisions, or contact your broker or agent for assistance.

The Company reserves the right to change the terms and conditions of its online payment service. You are responsible for regularly reviewing these terms and conditions. Your continued use of online payment service constitutes your agreement to all such terms.

By accepting these terms and conditions, you acknowledge that the Company will initiate an ACH debit or credit card debit to the payment account(s) that you have provided.

General Terms and Conditions

Conditions of Use

By using this Website and other Company sites that are linked to this Website, you agree to the following terms and conditions. Please read them carefully. These terms and conditions may be revised at any time, without prior notice to you, by our updating this notice and posting it on our Website. You are bound by any such revisions and should periodically visit this page to review the most recent Terms and Conditions. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If at any time you choose not to accept these Terms of Use, please do not use this Website or send e-mail to any Company e-mail address.

Copyright and Trademarks

These Websites are owned by the Company. The Company possesses intellectual property rights in the logos, words, or phrases displayed or referenced therein. Intellectual property rights of third parties may apply where noted. Except where otherwise indicated, all materials on this site including but not limited to graphics, text, software, audio, video, and files, are the property of the Company and are protected by copyright or other intellectual property laws. The Company reserves all rights to its intellectual property. Unauthorized use of these sites, and/or the materials contained therein may violate applicable copyright, trademark or other laws. No part of the materials made available on these Websites may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, copied, recorded, or otherwise without prior written approval. Materials displayed on these Websites may be downloaded for personal, non-commercial use only, provided all copyright and other proprietary notices contained on the materials are retained.

Disclaimer

The information and descriptions contained in these Websites are provided solely for informational purposes, and are not intended to be complete descriptions of all terms, exclusions, and conditions applicable to every insurance product or service offered by the Company. The materials on these Websites are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible under applicable law, the Company and its affiliates and distributors disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company does not warrant or make any representations regarding the accuracy, completeness, currency or reliability of any of the content on these Websites, nor does it warrant or represent that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components.

Limitation of Liability

The Company assumes no responsibility and shall not be liable for any damage to your computer equipment or other property as a result of your access to, use of, or browsing in these Websites, or your downloading of any materials, data, text, images, audio and video from these sites or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure. You, and not the Company, assume the entire cost of all necessary servicing, repair or correction.

Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind that arise from the use of, or the inability to use, these Websites or the materials on these Websites, whether based on warranty, contract, tort or any other legal theory, and even if the Company has been advised of the possibility of such damages.

Notwithstanding the foregoing, if the Company should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of these sites or their content, the Company‘s liability, where permitted by law, shall not exceed, in the aggregate, the greater of 1) the amount paid by you to access these sites, or 2) US$100.00.

Hyperlinks

This Website may be linked to other Websites which are not maintained or controlled by the Company. The Company is not responsible for the content of those Websites. The inclusion of any links does not imply approval or endorsement by the Company of those Websites or their content. If you decide to access other Websites, you do so at your own risk.

Indemnification

You shall indemnify and hold the Company, its affiliates, successors in interest, officers, directors, employees and agents harmless from and against any claim, cause of action or demand, including without limitation reasonable legal fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.

Privacy

The Company‘s Privacy Policy may be accessed here. The Policy explains what information the Company may collect from you if you decide to provide such information, and how we will use and protect that information.

Illegal Activity

You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party’s intellectual property or other proprietary rights. You agree that any information you provide through this site will be truthful and accurate.

E-mails to the Company’se-mail addresses

The Company’s e-mail system is a private e-mail system intended only for purposes authorized by the Company.

The Company prohibits, and you are not authorized to send, or cause to be sent, unsolicited e-mail messages to any e-mail addresses at @autooneins.com, @iaoins.com and @maidstoneins.com unless the Company, through one of its officers, authorized, in writing, the sending of such bulk e-mail.

The Company prohibits any e-mail transmission to be sent, or caused to be sent, to any Company e-mail addresses whereby said e-mail message is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the e-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability.

The Company prohibits any e-mail transmission to be sent, or caused to be sent, over the Internet to any Company e-mail address that attempts in any manner to disguise the source of the e-mail.

The Company reserves the right to take actions, as may be necessary, including, but limited to, technical measures and legal remedies, to prevent misuse of its e-mail system by unauthorized parties. The Company‘s failure to enforce this policy, or any portion thereof, will not constitute a waiver of the Company‘s rights.

Secured areas/passwords

Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas is prohibited and may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. The Company will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you agree to contact the Company immediately. The Company will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

For your protection, if the Company believes that any unauthorized access may occur or has occurred, the Company may terminate such access without prior notice to you. You also agree that the Company is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

The Company is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of the Company.

Severability

If any provision of this Agreement shall be determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law and Jurisdiction

These Terms and Conditions of Use and your use of this Website are governed in all respects by the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any dispute concerning the Site or these Terms of Use shall be subject to the exclusive venue of a court of competent jurisdiction in Nassau County, New York.

Termination

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use without notice to the Company by discontinuing all use of the information contained in the Site and destroying the materials you have obtained from the Site, including all related documentation and copies. The Company may terminate these Terms of Use and/or the products or services offered by the Company at any time without notice to you if, in our sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must discontinue all use of the information contained in the Site and destroy the materials you have obtained from the Company, including all related documentation and copies. The Company is also entitled to terminate all or part of the Site at any time, without notice to you.

T&C Code: 1.0.0 / 2014-05-13