This Agreement governs your use of the AllstateMall.com site (the “Site”). By using the Site or registering at the Site, you agree to be bound by the terms and conditions below. If you do not agree with the terms and conditions in this Agreement you may not use the Site.
This Site is brought to you by Enservio, Inc., under the terms and conditions below. Enservio may modify this Agreement and any policies affecting the Site at any time. Such modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following any modification to this Agreement shall be deemed an acceptance of all such modifications.1. Eligibility
You need to be 18 or older to use the Site. We do not make products available for purchase by children. We do make children's products available, but only for purchase by adults. If you are under 18, you may use the Site only with the involvement of a parent or guardian.2. Registration
You need to register to use features and functionality of the Site. As part of the registration process, you will need to select a user ID and password, and provide us with certain registration information including email address, phone number, and postal address. The registration information must be accurate, and you may not 1) select or create a subscriber ID for another person, 2) use a subscriber ID of another person without such person's authorization, or 3) use a subscriber ID that Enservio, Inc. in its sole discretion, deems offensive.
You agree to accept responsibility for all use of your account and for maintaining the confidentiality of your password. You agree to take responsibility for any usage or activity under your password, whether or not you have authorized such usage or activity. You agree to notify Enservio, Inc. of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
By registering, you agree that we may contact you to inform you of changes to this Agreement or to describe new services available through the Site.3. Promotional Communications
By registering for an account, you have agreed to receive communications from Allstate Insurance Company or a local Allstate agency regarding exclusive Good Hands℠ Rewards Mall discounts, other special offers and information about Allstate products and services that may be of interest to you. Allstate may, from time to time, send communications to you containing promotions, advertisements, and information about its products and services.4. Third-party merchant, card issuer, and insurer relationships
The Site provides you with a powerful and convenient way to purchase services or merchandise from merchants not affiliated with Enservio, Inc. To accomplish this goal, the Site provides information about products available from third-party merchants and functionality allowing you to purchase products directly from these third-party merchants. The terms and conditions governing purchases, including, but not limited to, guarantees, warrantees, shipping, delivery, taxes, and return policies, are available from the third-party merchant's web sites. You agree to direct any inquiries, complaints, or claims relating to any products or their delivery to the appropriate third-party merchant. You acknowledge that Enservio, Inc. does not sell, resell, or license any products listed on the Site, and that Enservio, Inc. does not act as an agent of sale. As set forth below, we make no warranties with respect to purchased products and disclaim responsibility for fulfillment of the transaction between you and the third-party merchant.
Enservio, Inc. does not warrant that product descriptions, pricing, or any other content on the Site is accurate, complete, reliable, or updated. And although third-party merchants may pay to be presented on the Site, Enservio, Inc. does not endorse any product or merchant.5. Content
All content on the AllstateMall.com site is and shall remain the exclusive property of Enservio, Inc. You may access the site with browser software via the Internet for non-commercial purposes. You may not 1) reproduce, modify, distribute, sell, transfer, publish, re-publish, transmit, publicly display, publicly perform or otherwise use the Site content, 2) extract information from the site using agents, spiders, or other automated means, 3) mirror, frame, or deep-link to the site or otherwise provide an alternate access mechanism to the information in the site, 4) decompile, reverse engineer, disassemble, extract components from, or modify the HTML or other code from the site, 5) remove or obscure any proprietary notices, including but not limited to, any and all copyright, trademark, and patent designations on the site, or 6) use the product for any commercial, financial, or other beneficial purpose.
If you believe content presented on the Site infringes your copyrights or trademarks, please send us a notice that includes 1) enough information to locate and identify the allegedly infringing content, 2) your contact information, 3) a statement by you that you have a good faith belief that use of the copyrighted material or trademark(s), as applicable, described as allegedly infringing is not authorized by its owner, its agent, or the law, and 4) a statement by you, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or trademark owner, as applicable, or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The notice should be signed and mailed to:
Good Hands℠ Rewards Mall
117 Kendrick Street, Suite 250
Needham, MA 02494
Or signed and sent by fax to:
Enservio, Inc. will take whatever action, in its sole discretion, it deems appropriate in response to a request under this section, including removing or disabling access to the allegedly infringing content.6. Termination
You may terminate the Agreement by closing your account and ceasing to use the Site. This can be done by calling customer service.
Enservio, Inc. may, at any time, at its sole discretion, terminate (i) the Agreement; (ii) your membership in or ability to access the Site for reasons including, but not limited to breach of any provision of the terms of the Agreement.
Enservio, Inc. reserves the right to investigate and prosecute breaches of this Agreement or other misuse of the Site, and may involve law enforcement in such actions.7. Disclaimer of Warrantees
THE ALLSTATEMALL.COM SITE, INCLUDING ALL CONTENT, INFORMATION, AND SERVICES MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF, IS DISTRIBUTED ON AN "AS IS" BASIS. BOTH ENSERVIO, INC. AND ALLSTATE INSURANCE COMPANY EACH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER ENSERVIO, INC. NOR ALLSTATE INSURANCE COMPANY MAKE ANY WARRANTY (A) THAT THE FUNCTIONS CONTAINED IN THE ALLSTATEMALL.COM SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (C) THAT DEFECTS IN THE SITE SHALL BE CORRECTED, (D) THAT THE SITE SHALL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY OR (E) THAT THE SITE, INCLUDING THE SERVERS ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW THE UNIFORM COMMERICAL CODE AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT SHALL NOT APPLY TO THIS AGREEMENT.
AS PRESENTED ABOVE, YOU ACKNOWLEDGE THAT YOUR THIRD-PARTY MERCHANT RELATIONSHIPS ARE SOLELY BETWEEN YOU AND SUCH MERCHANT(S) YOU AGREE NOT TO HOLD ENSERVIO, INC. OR ALLSTATE INSURANCE COMPANY LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF THE ACCESSIBILITY OF SUCH THIRD PARTIES THROUGH THE ALLSTATEMALL.COM SITE.8. Limitations on liability
USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE. ENSERVIO, INC., ALLSTATE INSURANCE COMPANY, AND OUR AFFILIATES, AGENTS, LICENSORS, AND ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR ENSERVIO, INC. SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEY’S FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.9. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD ENSERVIO, INC., ALLSTATE INSURANCE COMPANY,OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS' FEES), MADE AGAINST US BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ALLSTATEMALL.COM SITE.10. General
You agree to provide accurate information, comply with all applicable laws and regulations, and represent only yourself on the Site. Misrepresentations, including attempts to defeat payment limits or attempts to create of an account using another's identity, constitute a breach of this Agreement and may result in civil and criminal liability under applicable state and federal law.Choice of Law
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be performed within such Commonwealth without regard to such Commonwealth's conflict of laws provisions.Arbitration
Any dispute, difference or question relating to or arising among any of the Parties concerning the construction, meaning, effect or implementation of this Agreement or the rights or obligations of any Party hereof will be submitted to and settled exclusively by binding arbitration to be conducted in Massachusetts by a single arbitrator chosen by the corresponding Regional Office of the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association. Such claims will be arbitrated on an individual basis and will not be consolidated with another party’s claims. The provisions of this paragraph will be enforceable in any court of competent jurisdiction, and the arbitrator’s award will not be appealable or reviewable except as provided by Massachusetts law. Notwithstanding the above, each party may seek interim relief from a Massachusetts court while the arbitration is pending, and Enservio, Inc. reserves the right to bypass the arbitration process in cases of fraud or other crimes against us.No Waiver
No waiver of rights under this Agreement by either Party shall constitute a subsequent waiver of this or any other right under this Agreement.Assignment
Enservio, Inc. may assign this Agreement, in its sole discretion, to a third party. You may not assign your obligations to another entity.Severability
In the event any of the terms of this Agreement become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.No Agency
You agree that you do not have the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of Enservio, Inc. in any respect whatsoever.Integration
Good Hands℠ Rewards Mall and AllstateMall.com are registered trademarks of Allstate Insurance Company and are used under license by Enservio Inc.