Pilot Agreement

AMERICAN MODERN^®

PILOT PARTICIPATION AGREEMENT

This Pilot Participation Agreement (“Agreement”) contains the terms and conditions regarding your participation in a technology pilot program (the “Pilot”) being conducted by American Modern Insurance Group, Inc. (“American Modern”).  By signing below, you acknowledge and agree that that you have carefully read, understood, and agree to be bound by all of the terms and conditions of this Agreement. 

1.Eligibility. Participation in the Pilot is subject to eligibility verification and only one participant per household may participate. You understand that supplies are limited and only the first 100 eligible respondents will be able to participate in the Pilot. You are a policyholder of an American Modern® mileage-based Motorcycle policy. You shall use a Rever GO! auto-tracking beacon Device paired to my compatible, Bluetooth-enabled smartphone (with the Rever app) on my motorcycle insured by American Modern for this Pilot (“Motorcycle”). In addition, you must be enrolled in electronic delivery for your Motorcycle policy during this Pilot. You are a resident Arizona and over 18 years old. You agree that American Modern reserves the right to determines whether or not you qualify as a participant in the Pilot.

2.Equipment & Monitoring.  Subject to Equipment availability, if you qualify for participation, American Modern will provide you free of charge with a Rever GO! auto-tracking beacon Device (“Equipment”) from Rever, a third party Equipment provider, designed for mounting on your Motorcycle. American Modern shall arrange for the Equipment to be provided to you by Rever. If the Equipment requires batteries, the Rever will also provide you with one (1) set of batteries.

3.Installation.  Rever will instruct you on the proper installation of the Equipment. You will be responsible for installing the Equipment. You represent that you own or lease the Motorcycle where the Equipment is to be installed and to the extent applicable, you have received consent to such access and installation from any other owners or interested parties of the Motorcycle.

4.Obligations.  You are under no obligation to purchase any Equipment or services; however, the Equipment will need to be paired with a compatible smartphone (with the Rever app installed) and an internet connection to operate, and providing such smartphone and internet connectivity at your expense is your responsibility. You agree to maintain a working smartphone and reasonably consistent internet connection so that the Equipment may function as intended. The Equipment may also require batteries, which you agree to provide if the batteries provided with the Equipment require replacement. You agree not to remove, destroy, reverse engineer, tamper with or modify the Equipment during the term of this Pilot. The Equipment is designed to track and save your rides, but American Modern is collecting mileage from the Equipment, not riding behavior data like speed. at your residence during the Pilot, in order to automatically calculate the mileage-based component of your insurance premium.

5.Ownership.  Title to the Equipment will transfer to you automatically without any further action upon the Rever’s delivery of such Equipment to you. You will keep the Equipment upon conclusion or termination of the Pilot. Neither American Modern nor Rever has any obligation to remove the Equipment or to reimburse you in any way for removal of the Equipment.

6.App Access.  During the term of the Pilot you will be provided with free access to the Rever’s mobile app (the “App”) allowing you and Rever to remotely monitor Equipment Data from your residence.  The App may be provided by the Rever or another third party. Prior to accessing the App, you will need to acknowledge the standard terms of use and privacy notice for the App.  To properly assess the Pilot, American Modern needs to use the mileage date (“Data”) collected by the Equipment on your Motorcycle.  By signing below you:  (i) agree to provide American Modern access to the Data collected through the App by the Equipment on your Motorcycle during the term of the Pilot, (ii) give permission to Rever to provide American Modern with direct access to your Data, as American Modern may deem appropriate during the term of the Pilot, and (iii) acknowledge that due to your participation in the Pilot you understand and agree that American Modern may collect from you, and will have access to, information and data about you that it otherwise would not have and/or that it does not necessarily collect from other customers. American Modern may use, store, access, and disseminate any and all information it accesses, collects or learns during the Pilot, including any such data, as American Modern sees fit. 

7.Participation.  The Pilot will commence upon your installation of Equipment and automatically terminate on the date that is six (6) months after such installation date, unless the Pilot is extended by agreement between you and American Modern, or otherwise terminated in accordance with this paragraph. The Pilot (including any App access) may be terminated by American Modern for any reason or no reason, including but not limited to you failure to comply with the terms of this Agreement or if American Modern determines that the continuation of the Pilot is impossible or impractical for any reason.  Upon conclusion or termination of the Pilot you shall be responsible for the Equipment and any costs related to the Equipment (e.g., costs for maintenance, installation of newer device version, removal, internet access and App access) thereafter should you opt to keep using it.

8.Costs.  American Modern will be responsible for all costs associated with the purchase of the Equipment, as well as all costs associated with your App access during the Pilot. You remain responsible for your standard utility and electrical, gasoline, battery, smartphone and internet costs necessary for the Equipment to operate. If the Equipment fails or malfunctions during or after the term of the Pilot, American Modern is not responsible for replacing or fixing such Equipment.  American Modern may in the future make you aware that newer versions of the Equipment are available from Rever. If you decide to replace the Equipment provided with the newer versions, all costs associated therewith (purchase of newer Equipment, removal of the Equipment, installation of newer Equipment, monitoring, maintenance, App access, etc.) will be your responsibility. In no event will American Modern be responsible for reimbursing you for any costs or expenses unless American Modern has specifically agreed in writing to do so.

9.Feedback.  Your opinion, expertise and feedback are critical to the assessment of the Pilot. Therefore, American Modern may from time to time request your feedback, including through questionnaires or surveys, which you agree to complete.   

10.Consent to be Called.You give your permission to American Modern to send autodialed and pre-recorded and artificial voice calls and/or text messages to the telephone numbers that you have provided in your registration form above.

11.Liability. You recognize and acknowledge that this is a trial pilot only; accordingly, neither American Modern nor any of its employees, agents, contractors, or affiliates (i) make any warranties, representations or guarantees regarding the Pilot, including without limitation the success of the Pilot, prevention of any losses or occurrences, or any savings, the Equipment, the App, third party installers, quality, safety, performance, or any other aspects of the Pilot or the Equipment; (ii) guarantee that the Equipment will be satisfactory to you, will function properly, or that the operation of the Equipment will be uninterrupted or error free, or (iii) are liable to you in any way for any losses, claims or damages arising from this Pilot, including without limitation Equipment malfunctions or installations. American Modern expressly disclaims any such liabilities, representations, warranties and guarantees. American Modern WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE PILOT, INCLUDING THE INSTALLATION, OR YOUR USE OF, THE EQUIPMENT, OR ANY LOSS OF YOUR PERSONAL INFORMATION RESULTING FROM A COMPROMISE OF THE EQUIPMENT BY A HACKER OR ANY OTHER UNAUTHORIZED THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW AMERICAN MODERN SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE; LOSS OF USE; LOSS OF OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS OR SERVICES; COST OF CAPITAL; GOVERNMENTAL AND REGULATORY SANCTIONS; AND CLAIMS OF THIRD PARTIES FOR SUCH DAMAGES. AMERICAN MODERN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

12.Miscellaneous.  This is a legally binding Agreement that supersedes any proposal, prior agreement or understanding, oral or written, and any other communication between you, American Modern relating to the Pilot. No act, document, usage or custom will be deemed to modify or amend this Agreement in any way. Ohio law will govern this Agreement and the transactions it contemplates, without reference to rules regarding conflicts of law.

American Modern^® Terms and Conditions for Electronic Delivery

Terms and Conditions of American Modern^® Electronic Delivery

For purposes of this Agreement: “we,” “us,” “our,” or “the company” refers to American Modern Insurance Group, Inc. and its subsidiary companies (“American Modern”) unless otherwise indicated by specific reference to a particular company. These subsidiaries include, but are not limited to, American Modern Property and Casualty Insurance Company, American Modern Home Insurance Company, American Family Home Insurance Company, American Modern Select Insurance Company, American Southern Home Insurance Company, American Modern Lloyds Insurance Company, American Modern Insurance Company of Florida, Inc., American Western Home Insurance Company, and American Modern Surplus Lines Insurance Company. “You and “Yours” refers to the owner(s) of one or more policies/accounts issued or offered by any one of us. American Modern provides the electronic services, as described in this Agreement, as a convenience to you. American Modern also provides administrative services to certain of its subsidiaries, which provide materials, information and services to you.

Your Consent

Opting into American Modern Electronic Delivery is voluntary and you may opt out of the Electronic Delivery service at any time. Opting out of Electronic Delivery will terminate your participation in the Pilot. This Agreement is consent, applying to all types of electronic transactions and records that may be provided or made available during the course of your relationship with us. When you consent to the terms of this Agreement, you consent to receive notices and communications from us relating to policies or accounts you own and other materials regarding our products electronically, to the extent available. Your consent permits us to replace paper delivery with electronic delivery as electronic delivery of these documents become available, including notice nonrenewal and cancellation. Therefore, among other things, your consent applies to applications, quotations, policies, endorsements, notices, policy changes, renewals, billings, payments, non-renewals, and terminations. When you consent to the terms of this Agreement, you consent to delivery of the documents through e-mail to the e-mail address(es) you provided. If a law requires us to provide, send or deliver information to you by a specific manner, such as U.S. mail, we will continue to do so.

Monitoring E-mail

You agree to monitor your e-mail account daily. You agree to provide and maintain one e-mail address, which we will associate with your policy and account as the primary e-mail address for purposes of electronic delivery.You may provide other additional e-mail addresses for electronic delivery, which we will associate with your policy and account as secondary e-mail addresses.We shall only be required to use your primary e-mail address where required in documentation or communications, but we shall attempt to use every e-mail address that you provide for purposes of electronic delivery. From time to time, we will send important materials to your e-mail account, including your quotation, policy, billing statements and other important documents and notices. When this happens, we may attempt to notify you by text message as a reminder to review the documents. You agree to assume responsibility for the regular monitoring of and response to notifications we send to the e-mail address(es) you have provided us so as to access documents and pay bills in a timely manner. Failure to receive a text notification that documents are available does not relieve you of your responsibility to make payments or to return any required documents.

For Residents of Kentucky and Tennessee: The policyholder electing to allow for notices and communications to be sent to the electronic mail address provided by the policyholder should be aware that the insurer rightfully considers this election to be consent by the policyholder that all notices may be sent electronically, including notice of nonrenewal and notice of cancellation.Therefore the policyholder should be diligent in updating the electronic mail address provided to the insurer in the event that the address should change.

Legal Effect of Electronic Documents

All notices, disclosures, authorizations, acknowledgements and other documents, relating to your insurance policy, may be provided to you in electronic form by e-mail and have the same legal effect as printed copies. At our discretion, we may choose to continue sending some notices to you in paper form at your regular mailing address.

Your rights relating to our insurance policy may be dependent upon when you receive notices from us. You are considered to have received information from us when new documents or notices have been e-mailed.

If the law requires us to provide particular information in writing, we may choose to provide that information by e-mailing the information to you.

Maintaining an Active E-mail Address

You agree that it is your responsibility to maintain an active e-mail account, keep us apprised of any change to e-mail address you have provided us, and take reasonable measures to ensure that spam blockers don’t prevent our e-mail notifications from reaching you. If you wish to change the e-mail address where we send the notices and disclosures to you, you can notify us by e-mail at reverftr@amig.com or call us by telephone at 888-819-8700. If American Modern determines that your e-mail address is not accepting or is rejecting our e-mail, American Modern may remove you from electronic delivery and revert to paper delivery of documents without notice.

You are responsible for your e-mail account, including the confidentiality of your user id and password and e-mail.

Opting Out of Electronic Delivery

You have the right to cancel Electronic Delivery or change your delivery preferences at anytime and return to receiving all documents and notices through the mail or other authorized means. If you choose to withdraw your consent, electronic delivery will be terminated, you will not receive your documents electronically, and you will no longer be eligible to participate in the Pilot. It is recommended that you save, download, or print current documents from your e-mail. To withdraw your consent or change your delivery preferences to receive future notices and disclosures in an electronic form as described above, you can at e-mail us at reverftr@amig.com or call us by telephone at 888-819-8700. Please allow 24 hours to process a request.

Right to Request Paper Copies

You will have the ability to download PDF versions of documents to your own computer and print them locally. If, however, you would like us to send you a free paper copy of any of the materials delivered via e-mail, you may contact us at reverftr@amig.com or 888-819-8700 and request a paper copy.

Hardware and Software Requirements

You agree to possess and sufficiently maintain a computer or a mobile device with hardware and software that will allow you (1) to access your associated e-mail account via the internet or e-mail client; (2) an internet service provider; (3) an e-mail account that allows you to read, write, and send e-mail; (4) the ability to download and print documents; and (5) the ability to allow you to view documents in portable display format (PDF documents), such as with a current version of an Adobe Acrobat Reader. If you don’t have the ability to view PDFs, you can download the free software here. In order to receive notifications or documents delivered to a mobile phone, you will need the kind of phone and service plan that enable you to receive those messages in addition to the requirements above if you use your phone as a mobile device. Standard messaging and data rates from your phone carrier may apply. If you have trouble accessing the electronic documents, you must contact us at reverftr@amig.com or 888-819-8700.

Privacy Notice & Notice of Information Practices

This Agreement shall incorporate the American Modern Insurance Group, Inc. Privacy Notice and Notice of Information Practices and the Legal Terms and Conditions found at https://www.amrefinery.com/ftr-terms-and-conditions/.

Right to Revise or Discontinue

This Agreement may be updated or amended at any time by American Modern and further use of the Electronic Delivery capability shall constitute acceptance of those terms. American Modern reserves the right to change or discontinue, temporarily or permanently, your access to the service or the service itself at any time without notice and resume distribution through the mail or other authorized means.

Errors/Technical Difficulties

American Modern does not warrant or guarantee the Electronic Delivery of the notices or documents will be free of technical difficulties, uninterrupted, timely and error-free or that the system or Electronic Delivery service will be free of defects. If you have trouble accessing the electronic documents, you must contact us at reverftr@amig.com or 888-819-8700.

Disclaimer

You are accepting the Electronic Delivery service on an "AS-IS" basis. Any information, services, materials or other items on this site are provided "as is" and "as available" without any warranty of any kind, either expressed or implied, including and without limitation the implied warranties of merchantability and fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling components. American Modern shall not be liable for any errors or omissions relating to the administration of the Electronic Delivery for any injury, losses, claim, or damages, direct, indirect, incidental, special or consequential resulting from Your use of the service.

American Modern Insurance Group, P.O. Box 5323, Cincinnati, Ohio 45201-5323

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