Terms of Use

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and Pegasus Insurance LLC (the "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of our Internet website (the “Website”) and related software-as-a-service platform (the “Pact Protection Platform”), as well as any products and services made available thereon, including but not limited to our shipping insurance policy (the “Pact Protection Insurance Policy”) and services (collectively, the Website, Pact Protection Platform, Pact Protection Insurance Policy, and other products and services made available through the Website and Pact Protection Platform, the “Services”) and the content and materials available on the Services (the “Content”).

Please read the Terms of Use carefully before using our Website and/or Services. By using the Website and/or Services or by clicking on a button or taking any other action indicating your acceptance of the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://pactprotection.com/legal/privacy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or our Services.

Our Website and Services are offered and available to users who are 18 years of age or older. By using this Website and/or Services, You represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter. Your continued use of the Website and/or Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

See our current Privacy Policy for information and notices regarding our collection and use of personal information, found at Privacy Policy.

Use of and Access to Website and Services

We develop and make available to You applications designed to enhance Your e-commerce platform or, if You are a consumer, Your online shopping experience. Our software applications are built as an add-on to a merchant’s existing online storefront, offering value-added features. Through our software applications, merchants can offer consumers the opportunity to add their shipments to the Pact Protection Insurance Policy (as described in the “Insurance” section below). We provide software that allows consumers to file a notice of loss.

In order to access certain features of the Website and Services, You may be required to register an Account (as defined below) and become a Registered User. For the purposes of these Terms of Use, a “Registered User” is a User who has registered for any account. When registering an account for the Services (“Account”), You agree to provide only true, accurate, current, and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that You are not barred from using the Services under any applicable law and that You will be responsible for all activities that occur under Your Account. You may not authorize any third party (other than, if applicable, the employees, consultants, or agents of the corporate member You represent) to access or use our Services on Your behalf. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify us of any unauthorized use of Your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of Your Account. You acknowledge and agree that You have no ownership or other property interest in Your Account and that all rights in and to Your Account are owned by and inure to the benefit of the Company.

Except as otherwise indicated, our Services and Content, and all rights thereto, are the property of the Company and/or our affiliated companies and are protected under U.S. copyright, trade secret, trademark, and patent law as well as international treaty provisions, with all rights reserved. “Pact Protection” and other related graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of the Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners. Subject to these Terms of Use we grant You a limited license to install and use the Services solely for the purpose of operating Your online store. Any future release, update, or other addition to the Services and/or Content shall be subject to these Terms of Use. The Company, its suppliers, and its service providers reserve all rights not granted in the Terms of Use.

Restrictions on the Use of Services

Except as authorized herein or with our prior written approval, You are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sublicensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Services or any of the Content for any purpose. Systematic retrieval of data from any of our Services or the Content thereon to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission, is prohibited. You agree that You will not, directly or indirectly, reverse engineer, decompile, reproduce or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology included in any of our Services or in the Content. Any attempt to do so is a violation of our rights, and if You breach this restriction, You may be subject to prosecution and damages. Finally, You are strictly prohibited from accessing and/or using the Services or any Content to develop or have a third party develop, a product or service that is similar or competitive to the Services, including but not limited to any product or service that offers or makes available shipping insurance to its customers.

Uninsurable Risks

In our sole discretion, consumers who violate these Terms of Use or who otherwise pose an unacceptable risk of loss as determined by us (e.g. sending or submitting files that contain malware) may be designated as an uninsurable risk. Following proper notification of such designation, we may rescind the insurance product from affected individuals and/or orders and any collected premium will be refunded. If you would like to dispute a designation, please contact us at support@pactprotection.com. If we receive a file that contains malware, that individual will no longer be eligible to receive our Services and will have any future paid premiums refunded.

Non-solicitation and Exclusivity

Without limiting the application of anything herein to commercial and business users, if You use the Services for commercial or business purposes, You are subject to the following restrictions:

At all times during the Term and thereafter for a period of twenty-four (24) months, You will not for any reason, whether directly or indirectly, (i) solicit, recruit, or encourage any Pact Protection customer, employee, or consultant to reduce, alter, or terminate its relationship with us or (ii) divert any potential Pact Protection customer away from us.

Pact Protection shall be Your exclusive provider of any service and/or software that enables You to offer consumer-facing shipping insurance, protection, warranty, or similar offering (collectively and individually, “Shipping Protection”) unless the merchandise covered by such Shipping Protection is considered to be a policy exclusion. At all times during the Term and thereafter for a period of twenty-four (24) months, You and Your subsidiaries and affiliates covenant and agree that You will not provide Shipping Protection of any kind to any party unless You or Your affiliates obtain all necessary and required licenses and permits for such offering from all relevant federal and state agencies and regulatory bodies. You acknowledge that a breach or threatened breach of this paragraph may give rise to irreparable harm to us, for which monetary damages may not be an adequate remedy, and You hereby agree that in the event of a breach or a threatened breach by You or Your subsidiaries or affiliates of any such obligations, we shall, in addition to any and all other rights and remedies that may be available to us in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and other relief that may be available from a court of competent jurisdiction (without any requirement to post bond).

Non-disparagement

At all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, false, or misleading statements with respect to the other Party. Notwithstanding the foregoing, nothing in this paragraph shall prohibit a Party from providing truthful information pursuant to an order or requirement of a court, administrative agency, or other governmental body; provided, however, that prior to providing such information, a Party shall provide prompt notice of such court order or requirement to the other Party to enable such Party to seek a protective order or otherwise prevent or restrict such disclosure.

Pact Protection Terms and Cancellation

Unless otherwise specified in individual Technology Partner and/or Merchant agreements, the following applies to the use of Pact Protection’s website and related services.

We may, in our sole discretion, modify or discontinue the Services, or may modify, suspend, or terminate Your access to the Services, for any reason, with or without notice to You and without liability to You or any third party. We will not be responsible for refunding or otherwise paying any funds, amounts or credits that may be owed to You if we have suspended or terminated Your permission to use the Services. In addition to suspending or terminating Your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive relief. Even after Your right to use the Services is terminated, these Terms of Use will remain enforceable against You and unpaid amounts You owe to us for any purchases will remain due.

Pact Protection Program Summary

Our Shipping Protection is subject to and strictly limited by the terms of the Pact Protection Insurance Policy.

In order for us to extend shipping protection to a consumer via the merchant, Pact Protection procures an insurance policy from an A-rated insurance company. Our offer of shipping protection is not intended to provide insurance to Your consumers directly, and Your consumers are not an insured or an additional insured under the Policy (the foregoing being, collectively, “Pact Shipping Protection”).

In the event of a claim, the merchant will file the claim. Pact Protection may require additional documents and information from the consumer.

As a merchant, upon completing the onboarding of Your Pact account and adding Your billing information, the Pact Protection plug-in will go live on Your website. We reserve the right to change its pricing at any time. Upon Your agreement to these Terms, the Pact Protection Platform will be activated on Your site.

As a consumer of a merchant that offers Pact Shipping Protection, the merchant will provide You with a link to file a notice of loss.

Intellectual Property

We own and retain all right, title, and interest in and to our Services (except for any licensed content and software components included therein). You agree not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of our Services or otherwise use our Services in any way that violates the use restrictions contained in these Terms of Use. We do not grant You any license, express or implied, to any of our intellectual property or that of our licensors. You further acknowledge and agree that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of our Services is considered our confidential and proprietary information (collectively “Confidential Information”).

You retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by You to us in connection with its use in our Services and (b) reports and other materials generated by our Services following such transmission (collectively, “Member Data”), provided, however, that You hereby grant to us a permanent, worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Your use of our Services solely for purposes of (x) maintaining and improving our Services and (y) providing You with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Your use of our Services compiled by us.

Our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We also reserve the right to determine and control all aspects (including all functionality) of the Service and our trade dress, as well as the right to re-design, modify and remove any or all aspects of them. You shall retain all right, title and interest in and to all of Your logos, promotional graphics and related marketing designs (collectively, the “Member Art”), provided, however, that You hereby grant to us a permanent, worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Your corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing our products and services to third parties.

General Prohibitions

Your use of the Services is further subject to the following additional restrictions:

You represent, warrant, and agree that You will not contribute any content or otherwise use our Services or interact with our Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including us); Violates any law or regulation, including any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of Your Pact Protection Account or anyone else’s (such as allowing someone else to log in to our Services as You); Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Mail list, Listserv, any form of auto-responder or “spam” on our Services, or any processes that run or are activated while You are not logged into our Services, or that otherwise interfere with the proper working of our Services (including by placing an unreasonable load on our Services’ infrastructure); “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to our Services or Content (through use of manual or automated means); Copies or stores any significant portion of the Content; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to our Services. A violation of any of the foregoing is grounds for immediate termination of Your right to use or access our Services.

Copyright Infringement

If you believe that Your intellectual property rights have been violated, please contact us at support@pactprotection.com. for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or user of Services, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Personal Information

All information we collect on this Website or through the Services is subject to our Privacy Policy located at https://pactprotection.com/legal/privacy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR 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 WEBSITE AND SERVICES, ANY CONTENT ON THE WEBSITE OR SERVICES, 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.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

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

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Services, including, but not limited to your use of the Website's content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website, Services, and these Terms of Use, 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 of Use or the Website and Services 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 City of TUSTIN and County of ORANGE, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use 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.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website and Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and the Pact Protection Insurance Policy constitute the sole and entire agreement between you and us regarding the Website and use of Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

Your Comments and Concerns

This website is operated by Pact Protection, 15901 Red Hill Avenue, Tustin, CA 92780.

All other feedback, comments, requests for technical support, and other communications relating to the Website or Services should be directed to: support@pactprotection.com.