Terms and Conditions

Welcome to DigitalPayIncentives - digitalpayincentives.dairylandinsurance.com. Digital Pay Incentives is owned and operated by Sentry Insurance Company and/or its subsidiary and affiliated companies (collectively, “Sentry”). You are only authorized to access this Site (as defined below) if you (i) are currently appointed by Sentry to sell its products, (ii) have a current Agency Agreement in place with Sentry setting forth the terms and provisions of such appointment (the “Agency Agreement”), (iii) are employed by agency that has a current Agency Agreement and (iv) are using your authorized username and password. If you do not meet all of these criteria you must immediately leave the Site. Your use of the Site is subject in all respects to the terms and provisions of your Agency Agreement. These website Terms and Conditions of Use (“Terms”) contain the terms and conditions upon which Sentry is willing to provide you access to and use of this Sentry website and all related pages, mobile applications, information, databases, materials and services (collectively, the “Site”), and govern (i) any payment of incentives, commissions, or other services that are made from Sentry through the Site and (ii) your use of materials, information or other services available through the Site (collectively, the “Services”). These Terms form a contract between you and Sentry. If you do not agree to be bound by these Terms, you may not access or use the Site or the Services. Use of the Site or purchase or use of the Services indicates your acceptance of these Terms, Sentry’s website Privacy Policy, and any other separate terms and conditions you expressly agree to be bound by when using such Services. Please scroll down through these Terms to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions. YOUR USE OF ANY PORTION OF THE SITE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.

If you have questions regarding these Terms, please contact Sentry at help@dairylandinsurance.com or at 1-800-334-0090.

By accessing any portion of the Site, you have a limited license to use the Site and Services, including the limited right to view, bookmark, download and print, for purposes of facilitating the marketing and/or sale of Sentry products subject to any other terms and conditions of use and/or payment in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and Sentry.

Sentry reserves the right, at its discretion, to change, delete, and update portions of these Terms or other policies that govern use of the Site at its discretion, at any time, for any reason, including the right to terminate the Services or any part of the Services. You should review these Terms periodically for changes. Any amendments and modifications by Sentry will be prospective only, and unless otherwise provided in the Terms, will be effective upon being posted on the Site. The Terms can be accessed from the link at the bottom of each Site page. If you use the Site after we post changes to the Terms, you agree to the changed Terms. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

If you have an account or other relationship with Sentry that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in these other agreements shall diminish the protections and rights provided to Sentry under these Terms. As noted above, this includes, without limitation, your Agency Agreement and any use of DigitalPayIncentives - digitalpayincentives.dairylandinsurance.com. In the event of a conflict between your Agency Agreement and these terms, the Agency Agreement shall control. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and Sentry with respect to the use of the Site.

Without limiting the disclaimer language in these Terms, the Services information contained on this Site is believed to be accurate at the time of posting. However, occasionally Sentry may find it necessary to make revisions. Sentry reserves the right to make all such changes without notice. Additionally, Service availability varies by state. Not all of the Sentry companies are licensed in each state. Therefore, you can confirm the Services information by contacting Sentry at help@dairylandinsurance.com or at 1-800-334-0090.

This Site provides you functionality to register, sign-up for, or receive payments on any Sentry products or services on behalf of yourself or your Agency. You agree that when you take advantage of this functionality on your agency’s behalf, whether through the payment process, or otherwise you will obtain their specific authorization to enter their information in Sentry’s systems and will take all reasonable steps to authenticate that such information is true, accurate and current. This includes, without limitation, entering information through questionnaires, registration forms, or other information requests, including, without limitation, passwords, usernames, login IDs, Social Security Number, credit or debit card and financial information, and other personally identifiable information (collectively, “Personal Information”).

You agree not to provide Personal Information on your own behalf or on behalf of your agency that is false, inaccurate, misleading, or fraudulent. You agree to provide Sentry with any information reasonably requested by Sentry related to the provision of the Services. You are solely responsible for all transactions and transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update such Personal Information. You agree that Sentry is not liable to you for damages or losses related to the accuracy or disclosure to Sentry of Personal Information. It is your responsibility to maintain the confidentiality of the Personal Information you collect, maintain, and transmit to or via the Site, including your password for the Site. This will assist in preventing unauthorized use or misuse of the Site and protects you, Sentry, its insureds, applicants, and other Site users. If you believe that someone has used your Personal Information to access any Sentry services without your authorization, please contact Sentry immediately at help@dairylandinsurance.com or at 1-800-334-0090.

These Terms, and your access to the Site, are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Site and any related Services. You agree that Sentry may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. Sentry also reserves the right to take any action relating to submitted information that it deems necessary or appropriate if such information, as determined in Sentry’s sole discretion, may create liability for Sentry, its agents or its contractors or may affect Sentry’s business relationships or contracts with its agents or its contractors. Sentry further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though Sentry shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that Sentry has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Sentry from any liability related to its monitoring activities. If Sentry denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of materials you are contractually required to retain. You acknowledge that, upon termination, Sentry may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and the Services. In addition, Sentry may retain any information obtained in connection with your account, including customer names and lists, in accordance with the Agency Agreement.

Although Sentry attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Materials. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Sentry so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Sentry shall have no responsibility or liability for information or Materials posted to the Site from any non-Sentry affiliated third party.

For your general informational use only, Sentry may provide access to third party websites. These links allow you to leave the Site. Sentry is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Sentry or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Sentry may link). By providing access to other websites, Sentry is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. Sentry does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Sentry may include third party information on the Site for general informational purposes only. Sentry is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Your acceptance of these Terms indicates that you agree Sentry does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and Sentry is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom Sentry conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or make the third parties or your partners or joint venturers with Sentry, or otherwise provide you or any third parties with any rights to act on Sentry’s behalf.

In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or Personal Information for unauthorized or illegal purposes.

YOU AGREE THAT SENTRY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “SENTRY PARTIES”) HAVE LIMITED LIABILITY TO YOU FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT YOU CLAIM ARISE FROM THE USE OF THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF THE SENTRY PARTIES IS LIMITED TO THE LESSER OF THE AMOUNT (IF ANY) PAID BY THE AFFECTED PARTY TO SENTRY TO PURCHASE THE PARTICULAR PRODUCTS OR SERVICES WHICH FORM THE BASIS OF THE APPLICABLE CLAIM, OR THE AMOUNTS PAID BY THE AFFECTED PARTY TO SENTRY TO PURCHASE PRODUCTS OR SERVICES IN THE THREE (3) MONTHS PRECEDING ANY CLAIM WHERE THE APPLICABLE CLAIM DOES NOT RELATE TO PRODUCTS OR SERVICES PURCHASED, OR $100 IF THE AFFECTED PARTY HAS NOT PAID ANY AMOUNTS TO SENTRY. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY SENTRY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE SENTRY PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE SENTRY PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN SENTRY, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON SENTRY’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO SENTRY.

When you provide Sentry with an e-mail address for information delivery or otherwise request a non-secure delivery of information, you agree that you are solely responsible for any misuse or unauthorized viewing of that information and further that you will not hold Sentry responsible for such misuse or unauthorized viewing.

In consideration of your use of the Site, you hereby agree to indemnify the Sentry Parties (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of Personal Information by a party other than Sentry.

Sentry controls and operates the Site from our offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to Sentry and your use of the Site.

No failure to exercise and no delay in exercising, by Sentry, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by Sentry of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Sentry.

We disclaim any responsibility or liability for third party copyrighted materials posted on our Site. Pursuant to the Digital Millennium Copyright Act, Sentry designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Sentry’s designated agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Sentry’s designated agent for notification may be contacted at:

Sentry Insurance Group
1800 North Point Drive
Stevens Point, Wisconsin 54481
Attention: Copyright Manager
copyright.manager@sentry.com
715-346-6012

If a dispute arises between you and any of the Sentry Parties, it is the goal of Sentry to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies (“Claims”) arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding arbitration as described herein.

Any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination or breach thereof) shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with the arbitration to be commenced no later than one (1) year after such Claim accrues. If you fail to commence binding arbitration no later than one year after such Claim accrues, it shall be deemed forever waived. The arbitrator’s decision shall be final and no appeal may be taken from it except in the case of fraud. A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site, or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).

The above obligations to arbitrate shall not: (i) apply to violations of the Restrictions on Use of Sentry Materials contained above; or (ii) prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.

Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, the Services, or these Terms shall be in Stevens Point, Wisconsin. Any matter brought before a court shall be brought solely in the state or federal courts located in Stevens Point, Wisconsin. The parties hereby waive their right to a jury trial.

For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an employee, partner, joint venture, affiliate or associate of Sentry of the other. No joint venture, partnership, or like relationship is created between the parties by the Terms.

Sentry is offering the Digital Pay Incentives service on the Site (the “Payment Service”) as a preferred method of receiving payments. Your use of the Payment Service is subject to the Terms and Privacy Policy.

The Payment Service incorporates commercially reasonable methods to authenticate the information that you have supplied for receiving a payment. You will not be able to accept a payment via any payment method until the Payment Service authenticates you based on your unique authorization fields, including, but not limited to, Agent number, last four of Social Security Number or Tax Identification Number, birthdate, and last name. For subsequent identification when available, a unique identifier and password will be used for authentication. You will not be allowed to use the Payment Service to receive payments via any payment method until you have read these Terms and have acknowledged doing so as indicated on the Site.

By accepting these Terms, you represent and warrant that:

1. You (i) are currently appointed by Sentry to sell or recommend its products (ii) have an Agency Agreement in place with Sentry that is full force and effect (or are employed at an Agency with an Agency agreement in place with Sentry) and (iii) are using an authorized username and password, or other applicable authentication fields;

2. You are using your actual identity and any information you provide is accurate and complete;

3. You have read and agreed to our Privacy Policy; and

4. Your use of the Payment Service will not violate any local, state, national or international laws or regulations.

5. You are not on any governments’ sanctions list

6. As the user of the Payment Service, and upon your acceptance of these Terms , you or your agency will have submitted your payment account information. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information

7. You represent and warrant that you are authorized to accept payments.

8. The payment account may be used to receive payments on both consumer and commercial accounts. If the payment account is a business account, then the agency representative who sets up the bank account must be a properly authorized signer on the account.

9. If the payment is to the agency, rather than an individual agent or other employee of the agency, then the person who enters the Payment Account agrees they are responsible for entering the agency commercial account information.

10. You authorize Sentry, through the Payment Service, to deposit funds to the Payment Account according to the instructions provided. Each time you use the Payment Account to receive a payment from Sentry, you will be reauthorizing Sentry to deposit funds and process adjustments to or from the Payment Account according to the instructions provided. You authorize Sentry to use your default Payment Account for subsequent payments to you.

11. You also authorize Sentry to make corrections (withdrawals) to the Payment Account to make other adjustments as Sentry reasonably deems necessary or appropriate.

12. You authorize Sentry to share your authentication information and Payment Account with third party verification services.

13. You acknowledge that Sentry will retain information you provided in connection with the Payment Service related to you and the Payment Account in accordance with any applicable laws, rules or regulations, or as Sentry is required to do so to comply with its contractual obligations.

14. You acknowledge that Sentry will retain information you provided in connection with the Payment Service related to you and your payment account in accordance with any applicable laws, rules or regulations, or as Sentry is required to do so to comply with its contractual obligations.

• You agree that:

1. If your payment is not honored for any reason by your bank, you will be responsible for any associated fees; and

2. Sentry will incur no liability if your Payment Account cannot accept the deposit or the timing is delayed. This would be true even if you are unable to access the Payment Service due to problems with the Internet, or our servers being temporarily unavailable.

3. Sentry will incur no liability if your Designated Account or amount was entered incorrectly by you in the Payment Service or if you are unable to access the funds in the Designated Account. Sentry cannot guarantee that payment requests will be successfully processed by our bank or third party verification services.

4. Unless earlier terminated by Sentry or your financial institution, the authorizations and agreements made in this Section will remain in force until Sentry receives notice of your intent to terminate at least 10 days in advance of the proposed effective date of the termination.

By accepting these Terms, you acknowledge that Sentry will send electronic communications regarding payments to the email address you provided in accordance with the Payment Service.

Our Sentry Payment Service application employs the following controls and measures:

• Uses Secure Socket Layer (SSL) 128 bit encryption for all transmissions of consumer data in order to assure privacy.

• The password can be changed by the end user at first sign on and subsequently. This further protects the end user from tampering by others.