PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE DIGITAL SERVICES. YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE DIGITAL SERVICES.

Terms of Use

Important Information for You - Please read the Terms of Use carefully.

WESTFIELD ®

Westfield is a trade name and a registered trademark of the Ohio Farmers Insurance Company and its subsidiary insurance companies and affiliate companies, providing insurance and related services. (collectively herein, “ Westfield”, “ we”, “ our”, or “ us”).

Use of this Site. Please read the Terms of Use, “Terms” herein, carefully before using our website located at www.westfieldinsurance.com or using any other of our website, online or mobile application, product, surveys or service offered by us (collectively herein, “ Digital Services”).

The Terms apply to the Digital Services and do not alter or change any contracts or agreements you may have with Westfield.

Your Consent to This Agreement. By accessing the Digital Services, you consent to and agree to be bound by these Terms. The date of the most recent revision to these Terms appears at the end of these Terms. You are encouraged to review these Terms frequently. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended. Westfield reserves the right to modify or change the Terms at any time without prior notice to you. Each time you access the Digital Services, you are agreeing to these Terms including any amendments and you are accepting the revised Terms for all previously collected information and information collected from you in the future. If you do not want to be bound or if you do not agree with these any of the Terms, please stop using and accessing this site or any Digital Services immediately.

The Terms do not apply to any other web page operated and/or owned by any entity other than Westfield, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third- party identified on the Digital Services (collectively, “ Third-Party Properties”). When visiting or using these Third-Party Properties, you should refer to the terms and conditions in effect for the applicable owner.

Conducting Business with MyWestfield. By agreeing to these Terms and using our Digital Services platform (MyWestfield), you consent to the availability of documents for your review and convenience on MyWestfield. The documents will be available for you to save/download, print or email provided your application supports these options. (Please see the Required Hardware and Software section below.)

All documents that are required to be mailed, by your policy and/or state law, will continue to be mailed to you. The documents posted for your view on MyWestfield may include policy billing statements, automobile identification cards, and policy declaration page(s).

During your registration you may be given the option of choosing to sign documents electronically. Should you choose this option, when a document is available for an electronic signature, you will receive an email containing a link to separate terms and conditions for the electronic signature process. Should you choose not to go forward with signing documents electronically you will be sent a paper document for signature. If you no longer want these emails, you will need to change your preferences on the MyWestfield “Profile” screen and unselect the sign documents electronically option.

Conducting Business Electronically. By using the Digital Services platform, MyWestfield, you consent to view electronic communications from us unless you follow the Withdraw of Consent procedures as outlined below. We may communicate with you by email or by posting notices on our Digital Services if you have selected that option. Your current valid email address is required for us to communicate with you electronically and you agree to keep us informed of any changes in your email address. You are responsible for obtaining the hardware and software that is required for you to conduct business with us electronically.

Withdraw of Consent. If you no longer want access to this Digital Services platform, you have the right to withdraw your consent to these terms. You may withdraw your consent by contacting us at 800.243.0210. In that event, the withdrawal of your consent will be effective on the date we receive and process such request, and all future communications will be sent to you by paper at no additional expense. Please note that if you withdraw your consent, you will remain subject to these Terms, as may be amended from time to time.

Required Hardware and Software. In order to receive electronic documents related to your insurance agreement and to access, receive and retain notices electronically, you must provide at your own expense the current minimum system requirements.

Updates. Westfield reserves the right to make changes to the Digital Services, the Content, the User Content (as defined below), or stop providing any of the Digital Services Content, at any time and without prior notice to you.

Privacy. We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Promise located here.

Convenience and Information Only. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Digital Services for your use as it relates to your accounts, policies, information about products, reference and educational materials. The Digital Services are provided to you as a convenience and for your information only.

By merely providing you access to and use of the Digital Services we do not warrant, represent or guarantee that:

(a) any statement, document, image, graphic, logo, design, audio, video, or any other information provided from or on the Digital Services (collectively herein, “Content”) is accurate or complete;

(b) the Content is up-to-date or current;

(c) we have any obligation to update any Content;

(d) the Content is free from technical inaccuracies or programming or typographical errors;

(e) the Content is free from changes made by a third party;

(f) your access to the Digital Services will be free from interruptions, errors, computer viruses, or other harmful components; and/or

(g) any information obtained in response to questions asked through the Digital Services is or will be accurate or complete.

Digital Services Use and Content. You may view, copy, or print a single copy of any page from the Digital Services for your own purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not modify, display, distribute, publish, sell or otherwise use any information, images or other Content from the Digital Services without our express, prior, written consent, which may be withheld in our sole discretion. You may not use the Digital Services for commercial use other than for the intended services. Any special rules for any software, audio files, video files, downloads, and other items accessible through the Digital Services may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.

Restrictions on Use. You may not: (a) remove or obscure any copyright, trademark, digital watermark, proprietary legend, or other proprietary notice from any portion of the Digital Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Digital Services, or any aspect of them, except as expressly permitted by us; (c) decompile, reverse engineer, jeopardize the correct functioning of the Digital Services, or disassemble the Digital Services or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Digital Services, except as may be permitted by applicable law; (d) link to, mirror, or frame any portion of the Digital Services; (e) cause or launch any program, spider, robot, or script, or other automatic device or manual process for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Digital Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Digital Services; (f) attempt to gain unauthorized access to or impair any aspect of the Digital Services or the related systems, servers or networks; (g) use the Digital Services to stalk, harass, or harm another individual, or in any way that is in violation of any law or regulation; (h) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (g) use any portion of the Digital Services or any Content in any manner that may give a false or misleading impression, attribution, or statement as to us or any other person or entity. The Digital Services and all rights therein are and shall remain with us.

Limitations of Services Provided.

(a) Not Professional or Investment Advice.

The information available on the Digital Services is intended to be a general information resource regarding the matters covered, but is not offered as insurance, investment, legal, accounting, tax, or other professional advice, and it is not tailored to your specific circumstance. You should evaluate all information, opinions and advice available on the Web Properties in consultation with your insurance agent or other trusted advisor.

(b) Not an Insurance Contract.

The information provided on the Digital Services is provided only as a general description of our services, products and coverage. It does not include all of the benefits, conditions, limitations, and exclusions that may apply to your insurance policies and services. Only a written policy, providing the precise coverage and terms and conditions constitutes a contract. For complete details of the coverage provided by your policy, please be sure to read the contract, including all endorsements. If you have any questions, please contact your insurance agent.

(c) Not Intended for Children.

The Digital Services are not intended for children. You affirm that you are at least eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

User Account, Password and Security. To the extent that a user account is created by you to access or to use any of the Digital Services (“ User Account”), the following will apply:

(a) User Account.

To access certain features and/or Content and/or User Content available through the Digital Services, we may require that you sign up using your email address and a password to create a User Account. If you do not create a User Account, you may not have access to certain functionality of the Digital Services. We use reasonable precautions to protect the privacy of your username, password, and User Account information. However, you are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties. You are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) secure any device on which you store where your User Account information. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.

(b) Accurate Information.

In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Digital Services, including, but not limited to, your full name, email address, and zip code; and (ii) maintain and promptly update such data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account. We reserve the right to take additional action per the terms of the insurance policy or as prescribed by regulation or law.

Access to and use of password protected or secure areas of the Digital Services are restricted to authorized persons using a User Account. Any user who accesses or attempts to access such areas without authorization may be subject to prosecution. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Digital Services with his or her username and password. We are entitled to act on all instructions received by anyone using your User Account, and you agree that you are solely responsible for any activity that occurs under your User Account.

(d) Account Deactivation.

We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a state or country where use of a User Account is prohibited under applicable law; or (vi) you act in a fraudulent or an inappropriate manner while using the User Account.

User Content Policy.

(a) The Digital Services may now or in the future permit you to upload or post to the Digital Services or otherwise submit to Westfield various forms of Content, such as statements including but not limited to comments or feedback, notes, drawings, photos, inventories or other information about your policy, claim or payment. (collectively, “ User Content”).

(b) By submitting any User Content in any form to Westfield, in addition to other provisions of these Terms, you automatically grant Westfield, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sub-licensable and assignable right and license to use, such user content for the processing of your policy or claim or for our own internal operations and improvements without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content.

(c) We may use comments or feedback that you may submit to us in any manner that we may choose, including, but not limited to, the incorporation of such suggested changes into our services and products, without notice or compensation to you. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable license and all rights to use your comments and feedback for any purpose we may choose.

(d) You also grant to Westfield and its affiliates, successors and assigns the exclusive right to incorporate your User Content into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “ Rights”) that may exist in that User Content.

(e) You also warrant to Westfield that either you own all Rights in your User Content or all third-party holders of Rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Westfield and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise.

(f) You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor Westfield’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that you will not provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by Westfield in its sole discretion.

(g) You represent and warrant that you have taken reasonable measures to ensure that no viruses or other malware are coded or introduced into Westfield’s systems through your User Content. You will take no action to defeat, circumvent or weaken Westfield’s security controls or protocols.

Disclaimer of Warranties.

(a) No Warranties for Digital Services. When using the Digital Services, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content or any other information transmitted in connection with the use of the Digital Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIGITAL SERVICES IS AT YOUR SOLE RISK. THE DIGITAL SERVICES, THE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES, THE CONTENT AND THE USER CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE DIGITAL SERVICES, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE DIGITAL SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE DIGITAL SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUS, WORM, TIME BOMB, DROP DEAD DEVICE, TROJAN HORSE, OR OTHER HARMFUL COMPONENT. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE DIGITAL SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE DIGITAL SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE DIGITAL SERVICES.

(b)

Indemnification. You agree to defend, indemnify, and hold Westfield and our directors, officers, employees, agents, successors, and assigns harmless from and against any claim, demand, suit, proceeding, liability, judgment, loss, damage, expense, and cost (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.

(c) Your Responsibilities. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted to us through the Digital Services, and we will have no obligation to verify the accuracy of such data. While we reserve the right to review any and all content you submit, including User Content made available through the Digital Services, you will remain responsible for such content. Your use of the Digital Services is subject to the additional disclaimers and caveats that may appear throughout the Digital Services.

(d) Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Digital Services. If you are accessing the Digital Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Digital Services and any updates thereto. We do not guarantee that the Digital Services, or any portion thereof, will function on any particular hardware or devices. In addition, all Digital Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Limitation of Liability. IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE DIGITAL SERVICES, THE CONTENT AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE DIGITAL SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE DIGITAL SERVICES, THE CONTENT AND/OR ANY USER CONTENT PROVIDED THROUGH THE DIGITAL SERVICES. ADDITIONALLY, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE DIGITAL SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE DIGITAL SERVICES, THE CONTENT AND/OR ANY USER CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DIGITAL SERVICES AND USING THE CONTENT AND/OR THE USER CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.

Third Party Content and Third-Party Applications. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Digital Services by framing or other methods (collectively, “Third-Party Content”). In addition, the Digital Services may include certain applications, features, programs, and services provided by third parties (collectively, “Third-Party Applications”). We do not monitor Third-Party Content or Third-Party Applications and can make no guarantee as to the accuracy or completeness of such Third-Party Content or Third-Party Applications. The links to third party websites, any Third-Party Content, and any Third-Party Applications are provided for your convenience and information only. The content on any linked website or in any Third-Party Application is not under our control and we are not responsible for the content of linked websites and/or Third-Party Applications, including any further links contained in a Third-Party website. We make no representation or warranty in connection with any Third-Party Content or Third-Party Application, which at all times and in each instance, is provided “as is.” If you decide to access any of the third-party websites linked to the Digital Services, any Third-Party Content, and/or any Third-Party Application, you do so entirely at your own risk.

If a Third-Party links or refers to the Digital Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Digital Services.

Intellectual Property. The Content of the Digital Services is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in the “Digital Services Use and Content” section (herein, above) and elsewhere in these Terms.

We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Digital Services. All trademarks and service marks of Westfield that may be referred to on the Digital Services are the property of Westfield. Other parties’ trademarks and service marks that may be referred to on the Digital Services are the property of their respective owners. Nothing on the Digital Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or our affiliates’ trademarks, service marks, logos or copyrighted materials without our prior written permission. None of our trademarks, service marks, logos, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Digital Services or otherwise, without our prior, written permission.

Termination of Service. We may suspend or terminate your right to access secured portions of the Digital Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Digital Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.

Additional Remedies. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.

Governing Law, Jurisdiction and Venue. You agree that all matters relating to your access to, or use of, the Digital Services shall be governed by the laws of the State of Ohio. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the State of Ohio, with respect to such matters.

Local Laws. We make no representation that Content, User Content or materials on the Digital Services are appropriate or available for use in all jurisdictions or jurisdictions that are outside the United States. Access to the Digital Services from jurisdictions where such access is illegal is prohibited. Those who choose to access the Digital Services do so at your own initiative and are responsible for compliance with applicable local laws.

Waiver. No waiver by Westfield of any term or condition set forth in the Terms 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 Westfield to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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

Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any of the Digital Services or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Digital Services, the Content, the User Content and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Effective: June 1, 2020