PSCC, Inc. Terms and Conditions

1. Acceptance of These Terms

Please read the Terms carefully as they affect your legal rights and obligations and govern your use of the Site.

YOU AGREE AND ARE BOUND TO THESE TERMS BY ACCESSING OR USING OUR SITE, SUBMITTING A REQUEST TO CANCEL YOUR INSURANCE, OR CLICKING “I AGREE” OR “I ACCEPT” WHERE RELEVANT. IF YOU DO NOT AGREE TO BE BOUND TO ALL OF THESE TERMS, DO NOT USE THE SITE.

1.1 Eligibility

You must be at least 18 years old to use the Site. If you are under 18, you must not access or use the Site.

1.2 Arbitration and Class Action Waiver

THESE TERMS GIVE PSCC THE RIGHT TO REQUIRE DISPUTES BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION (AND NOT BY COURT LITIGATION), IN ITS SOLE DISCRETION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST PSCC

(See Section 12 on Dispute Resolution for complete details).

2. Personal Information

Some areas of the Site require you to provide information to use certain features. Any Personal Information you provide us is governed by our Privacy Policy. If you choose not to provide such information, you may not be able to participate in those areas of the Site.

You agree to provide only true, accurate, current, and complete information at all times. If we reasonably believe you provided any untrue, inaccurate, misleading, outdated, or incomplete information, we have the right to deny you access to any or all features of the Site.

3. Information You Submit

You also acknowledge that the Internet may be subject to breaches of security and that any information you submit to the Site may not be secure, and you have considered and assumed such risks before submitting any information to PSCC.

3.1 Privacy Policy

When you access or use the Site, we may collect information that identifies, describes, or is reasonably capable of being associated with you (“Personal Information”). Our collection, use, and disclosure of your Personal Information are governed by our Privacy Policy. By using the Site or otherwise providing your consent you agree to the terms of our Privacy Policy.

4. Prohibited Uses for All Users

The following outlines prohibited uses and your responsibilities when you use our Site. If you do not uphold your responsibilities or breach any of these Terms, we may block or prevent you from using the Site. You are responsible for any damages caused and you may be required to indemnify us as set out in Section 10 on Indemnification below. All Users must use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To engage in any attack, hack, exploit, or otherwise interfere with the Site.
• To harvest, extract, or scrape data from our Site, using automated means or otherwise, unless expressly authorized by PSCC for the purposes identified in your agreement with us.
• To transmit or procure the sending of any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the content.
• Use any manual process to monitor or copy any of the content on Site for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or any server, computer, network, or database connected to the Site.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users, or expose PSCC to liability.

5. Termination of Access

This Site is provided as a convenient method for users to submit claims or cancel insurance. We reserve the right to suspend, discontinue, or terminate access to the Site without notice, or refuse any and all future use of the Site if you fail to comply with these Terms or in our sole discretion for any or no reason. You understand and agree that PSCC shall have no liability or obligation to you in such an event.

6. Intellectual Property

You acknowledge and agree that the Site and its entire contents, features, and functionalities (including but not limited to all information, technology, software, text, displays, images, name, logo, service names, designs, slogans, and trademarks, and the design, selection, and arrangement thereof) are owned or licensed by PSCC, licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (our “Intellectual Property”).

You are only permitted to access the Site as expressly authorized in these Terms. These Terms do not transfer any right, title, or interest in our Intellectual Property to you. You agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Intellectual Property.

7. Third-Party Links and Content

The Site may include links to or content provided by third parties. PSCC does not maintain or own this content and we do not imply approval, sponsorship, or endorsement of these other sites and we have not reviewed these other sites. If you decide to leave our Site to access third-party sites, you do so at your own risk. You agree that PSCC does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Site.

8. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PSCC NOR ANY PERSON ASSOCIATED WITH PSCC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PSCC NOR ANYONE ASSOCIATED WITH PSCC REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PSCC NOR ANY PERSON ASSOCIATED WITH PSCC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PSCC NOR ANYONE ASSOCIATED WITH PSCC REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PSCC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limited Liability

IN NO EVENT WILL PSCC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO PSCC FOR ANY SERVICES IN THE PRECEDING TWELVE (12) MONTHS OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

10.1 Obligations

You agree to indemnify, defend, and hold harmless PSCC, our affiliates, and our respective officers, directors, members, managers, agents, employees, personnel, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, losses, injuries, damages, liabilities, judgments, costs, and expenses including reasonable attorneys’ fees, experts’ fees and court costs (each a “Claim”) arising out of or in connection with (i) a breach of these Terms or any other applicable terms by you, including any allegation that, if true, would constitute a breach; and/or, (ii) the negligent acts or omissions, errors, or intentional wrongdoing by you, your employees, subcontractors, agents, or other legal representatives.

10.2 Procedures

We will notify you of any Claim promptly after we learn about it; provided, however, that your obligations under this Section shall continue even if we do not provide you with prompt notice of any such Claim, so long as you are not materially prejudiced as a result. At our sole discretion, we shall control the proceedings relating to a Claim or allow you to do so, at your sole cost and expense. Under no circumstance may you settle any Claim without the consent of the applicable Indemnified Parties, which shall not be unreasonably withheld. To the fullest extent permitted by law, such settlement shall not admit liability on the part of any Indemnified Party or impose any liability or obligation upon such Indemnified Party. If you fail to timely undertake the defense of a Claim, each of the applicable Indemnified Parties shall have the right, but not the obligation, themselves to undertake, or to have another for them to undertake, the defense (including settlement) of such Claim, which shall be on behalf of, for the account of, at the sole cost and expense of, and at the sole risk of, you.

11. Governing Law and Jurisdiction

All matters relating to the Site, these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Dispute Resolution

IMPORTANT: BY ACCEPTING THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If you have any issue or dispute with PSCC, you agree to first contact us and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute informally, you agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of, in connection with, or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA.

Each party will be responsible for paying their respective AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

ANY CLAIMS YOU BRING AGAINST PSCC MUST BE IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR MEMBER IN ANY PURPORTED CLASS ACTION PROCEEDING.

13. Waiver and Severability

Our failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

14. Entire Agreement

These Terms and our Privacy Policy, subject to any amendments, modifications, or additional agreements you enter with PSCC, shall constitute the entire agreement between you and PSCC with respect to the Site and any use of the Site.

15. Changes

We may change or update these Terms from time to time. If we change these Terms, we will post the updated Terms here, and those changes will go into effect on the “Effective Date” below. If any of these changes are material, we will take reasonable steps to notify you and, if necessary, obtain your consent. Your continued use of the Site will constitute acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Site.

16. Contact Us

If you have any questions or comments about these Terms, please call us at (800) 784-1290, or write to us at:

PSCC, Inc. Privacy Officer in California DBA: PSCC Insurance Services Processing (CA Insurance License #0E14626)
P.O. Box 25097
Glendale, CA 91221-5097

Effective Date: December 28, 2021