Terms & Conditions
Terms and Conditions
Your use of any website operated by PLPD Insurance (“we,” “us,” or “our”) is governed by the following terms and conditions (“Terms”). By accessing any of our websites (“Website”), you acknowledge that you have read and accepted these Terms, which may be updated from time to time.
Binding Arbitration
These Terms stipulate that any disputes between you and PLPD Insurance will be resolved through BINDING ARBITRATION. As a result, you agree to waive your right to go to court, including participation in a class action lawsuit, to assert or defend your rights under these Terms (except for small claims court matters). Your disputes will be determined by a neutral arbitrator, not a judge or jury, and you cannot bring claims as part of a class action. Please refer to the section titled “Dispute Resolution/Arbitration” for detailed information regarding your agreement to resolve disputes through arbitration.
Site Contents
Unless otherwise specified, the content, design, and materials of our Website (collectively referred to as “Contents”) are protected by copyright, trademarks, trade dress, or other intellectual property rights owned, controlled, or licensed by PLPD Insurance. Unauthorized use of the Contents without our explicit written permission is strictly prohibited. We permit users to download and reproduce one printed copy of content for personal, non-commercial use, but all other rights are reserved.
The Contents are intended solely for your personal, non-commercial use. Any copies you make—whether downloaded or printed—must retain all copyright, trademark, and proprietary notices. Except as stated above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit the Contents in any way. Unauthorized use of the Contents is strictly prohibited by law.
For the purposes of these Terms, “Contents” includes, but is not limited to, information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features available through our services, as well as all user-generated content (“User Content”).
All User Content created, uploaded, submitted, or posted by users—whether publicly or privately transmitted—is the sole responsibility of the individual who provided it. You affirm that all User Content you provide is accurate, complete, up-to-date, and complies with all applicable laws, rules, and regulations. You acknowledge that any content accessed through our services, including User Content, is done at your own risk, and you will be solely responsible for any damage or loss incurred by you or any third party as a result.
We do not guarantee the accuracy of any content accessed on or through our services. We do not imply that the materials on our Website or the products discussed are available for use outside of the United States or that we are soliciting business in any state where we do not operate. For insurance purchases made with our assistance, the contract between you and the product provider (such as your Mortgage/Deed of Trust or Insurance Policy) is defined by the documents you sign, not by any statements made on our Website.
Payments
While we do not process payments online, third-party insurance companies may accept credit and debit cards issued by U.S. banks, as well as other payment methods specified at the time of online purchase through a link to their Website. By making online payments to a third-party insurance company through our link, you represent and warrant that:
(a) All credit card, debit card, and bank account information you provide is true, correct, and complete;
(b) Your credit/debit card company or bank will honor any charges incurred;
(c) You will pay the posted charges, including any applicable taxes; and
(d) You are the authorized user of the card used for the transaction.
Governing Law
All matters related to the PLPD Insurance website, content, or these terms will be governed by the laws of the State of Michigan, without regard to its conflict of law provisions.
Rules of Conduct / Prohibited Acts
As a condition of using the PLPD Insurance website, you agree not to use the site for any purpose that violates these terms. You are responsible for all activities associated with your use of the website.
You are prohibited from violating or attempting to violate the security of the website, including, but not limited to:
(a) Accessing data not intended for you or logging onto a server or account for which you are not authorized;
(b) Attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
(c) Accessing or using any part of the website without authorization; or
(d) Introducing any viruses, Trojan horses, worms, logic bombs, or other malicious material.
You agree not to:
- Use the website in any way that violates any applicable federal, state, local, or other laws or regulations.
- Engage in conduct that restricts or inhibits anyone's use or enjoyment of the website, or which may harm PLPD Insurance or users of the site or expose them to liability.
- Use the website in a manner that could disable, overburden, damage, or impair it or interfere with any other party's use.
- Use any automated devices, processes, or means to access the website for any purpose, including monitoring or copying any materials.
- Modify, disassemble, reverse compile, or reverse engineer any part of the website.
- Use any manual process to monitor or copy materials on the website.
- Use any device, software, or routine that interferes with the proper functioning of the website.
- Otherwise, attempt to interfere with the proper operation of the website.
PLPD Insurance may change, suspend, or discontinue the website or any content at any time and for any reason.
If access to a part of the website is restricted to authorized users through a user ID and password (“Protected Areas”), you agree to access these areas only using your credentials. You must protect the confidentiality of your user ID and password and not share them with any third party. You are fully responsible for all activity occurring under your user ID. Your access may be revoked by PLPD Insurance at any time, with or without cause.
If you violate any of these terms, your permission to use the website and its content will automatically terminate, and you must immediately destroy any copies you have made of any portion of the content.
PLPD Insurance reserves the right to access, read, preserve, and disclose any information as necessary to:
1. Satisfy any applicable laws, regulations, legal processes, or governmental requests.
2. Enforce these terms, including investigating potential violations, detecting, preventing, or addressing fraud, security, or technical issues.
3. Respond to user support requests.
4. Protect the rights, property, or safety of PLPD Insurance, our users, and the public.
5. Service Availability / Service Limitations
6. For specific service availability and questions, please contact your nearest PLPD Insurance office.
To locate your local office, please visit our location pages for the corresponding phone number.
Comments & Other Submissions
We welcome your comments and feedback regarding our website, content, and services. However, we do not accept confidential or proprietary information. All comments, feedback, ideas, suggestions, materials, and other submissions you disclose or offer through the website (collectively, “Comments”) are not confidential and will remain the property of PLPD Insurance. The submission of any comments will constitute an assignment to us of all rights, titles, interests, and goodwill in the comments without any compensation. Comments must not violate any third-party rights and must not contain any libelous, abusive, obscene, or unlawful material.
Third Party Links
Occasionally, the PLPD Insurance website may contain links to third-party sites that are not owned, operated, or controlled by us. These links are provided solely for your convenience and do not imply endorsement by PLPD Insurance. If you use these links, you will leave our website. We are not responsible for the content, materials, or other information found on or accessible from those sites. We do not guarantee that these links will be available, error-free, uninterrupted, free from viruses, or meet your requirements.
Disclaimer, Limitation of Liability, and Indemnity
PLPD Insurance does not warrant that your use of the website will be uninterrupted or error-free, or that the website or its server is free of viruses or harmful elements. While we strive to provide accurate information, we make no representations regarding the accuracy or reliability of information on the website. Your use of the website is at your own risk. Neither PLPD Insurance nor our vendors or content providers shall be liable for any direct or indirect loss, damage (whether actual, consequential, punitive, special, or otherwise), injury, claim, or liability resulting from your use or inability to use the website, or any information or materials provided on the website. We are not liable for any defamatory, offensive, or illegal conduct of any user.
If you are dissatisfied with the website or any materials on it, or with these terms, your sole remedy is to discontinue using the website. You agree to indemnify, defend, and hold harmless PLPD Insurance, its shareholders, members, officers, directors, employees, agents, distributors, vendors, and affiliates from any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees, arising from your breach of these terms.
The limitations of liability do not apply to:
- 1. Claims for personal injury or death caused by our negligent acts.
- 2. Damages arising from our intentional, willful, or reckless misconduct.
- 3. Nothing in these terms excludes attorneys’ fees or damages where mandated by statute.
- Exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Dispute Resolution / Arbitration
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
A. First, Try to Resolve Disputes and Extended Disputes.
In the event that any controversy, allegation, dispute, or claim arises related to these Terms (collectively referred to as a “Dispute”) or any actual or alleged intellectual property rights of PLPD Insurance (an “Excluded Dispute,” which includes actions outlined in Section (E) below), both you and we agree to make good-faith efforts to resolve the Dispute or Excluded Dispute informally. This involves sending a written notice to the other party that describes the Dispute or Excluded Dispute reasonably and includes a proposed resolution.
Our notice to you will be sent using the most recent contact information you have provided. If we do not have current contact information, we are not obligated to act under this Section (A). Your notice to us should be sent via email to info@plpd.com. The notice must contain the following details on an individual basis: your name, the nature of the claim or dispute, the date of any relevant communications or occurrences (if available), and the relief you are seeking.
From the date of receipt of notice from either party, both parties agree to negotiate in good faith for a period of sixty (60) days through an informal telephonic dispute resolution conference. This is intended to facilitate a resolution of the Dispute or Excluded Dispute. However, neither party is required to resolve the Dispute or Excluded Dispute in a manner that they are uncomfortable with.
Each informal telephonic dispute resolution conference will be individualized, meaning that separate conferences must be held each time either party wishes to initiate individual arbitration. Multiple individuals initiating claims cannot join the same conference. If one party is represented by an attorney, that attorney may participate in the informal conference, but the party must also be present and involved.
This informal dispute resolution process is a prerequisite for starting any formal dispute resolution proceedings. The parties agree that any relevant deadlines for limitations, filing fees, or other timeframes will be paused while engaging in this informal resolution process. For U.S. residents, certain sections of this Dispute Resolution/Arbitration clause are considered a “written agreement to arbitrate” under the Federal Arbitration Act (FAA). You and we agree that this Section fulfills the “writing” requirement set forth by the FAA.
B. Binding Arbitration
If you and we cannot resolve a Dispute as outlined in Section (A) above within sixty (60) days of receiving notice, then ANY DISPUTE BETWEEN YOU AND US (whether based on contract, statute, regulation, ordinance, tort— including but not limited to fraud, other intentional torts, or negligence—common law, constitutional provisions, vicarious liability, agency, or any other legal or equitable theory), regardless of whether it arose before or after the effective date of these Terms, MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION.
For residents of the U.S., the Federal Arbitration Act (FAA), rather than state law, will govern the arbitrability of all Disputes, including the “No Class Action Matters” section below. BY CHOOSING TO ARBITRATE, EACH PARTY WAIVES ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. However, we both agree that the applicable state, federal, or provincial law, as detailed in the Governing Law section above, will apply to and govern all claims or causes of action, remedies, and damages arising between you and us concerning these Terms or any other type of Dispute described in Section (A), regardless of the legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration under the section titled “Dispute Resolution/Arbitration” if both parties agree.
Any Dispute will be resolved exclusively through binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (AAA), as the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if those rules do not apply, then (ii) the Commercial Arbitration Rules (collectively referred to as the “Rules”) of the AAA, except as modified here, with the arbitration being administered by the AAA. If a party submits the Dispute to the AAA for formal arbitration and the AAA is unable to schedule a hearing, either party may choose to have the arbitration administered by Judicial Arbitration and Mediation Services Inc. (JAMS) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal representative or officer of ours agree to in writing.
C. Arbitration Process
If the informal dispute resolution process outlined in Section (A) above does not resolve the parties’ Dispute within sixty (60) days, the party wishing to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. You can find the necessary forms for the Demand for Arbitration at the following links: Commercial Arbitration Rules and Consumer Arbitration Rules. Additionally, California residents may access a separate affidavit for waiver of fees here: Waiver of Fees (CA Only).
The arbitrator will be a retired judge or an attorney licensed to practice law in your state or county. The parties will first try to agree on an arbitrator. If they cannot reach an agreement within twenty-one (21) days after receiving the AAA’s list of eligible arbitrators, the AAA will appoint one in accordance with the Rules. The arbitration may take place over the phone or based on written submissions. If an in-person hearing is necessary, it will be held in your county or another mutually agreed location. Both you and we will share the administrative and arbitrator’s fees and other costs (note that you will be responsible for a portion or percentage of these fees). If the Rules (or other applicable arbitration rules or laws) require us to cover a larger share or all of these costs for this Section to be enforceable, we reserve the right to pay those fees and proceed to arbitration.
The arbitration will be conducted by a single arbitrator who will adhere to these Terms and any Additional Terms, determining any Dispute based solely on applicable law and the facts in the record, issuing a reasoned award only in favor of the party seeking relief, and only to the extent necessary to grant relief for that party’s individual claim.
The arbitrator will issue an award within the timeframe specified in the Rules, which will include the essential findings and conclusions that formed the basis of the award. A judgment based on the arbitration award may be entered in any court with jurisdiction. The arbitrator has the authority to award monetary damages on an individual basis and to grant any available non-monetary remedy or relief under applicable law, the Rules, and these Terms. The arbitrator’s award must align with the “Disclaimer, Limitation of Liability, and Indemnity” section regarding the types and amounts of damages or relief for which a party may be liable.
If a claim seeks public injunctive relief and a court determines that the restrictions preventing the arbitrator from granting relief on behalf of third parties are unenforceable (and this determination becomes final after all appeals), that claim for public injunctive relief will be handled in court while individual claims will be arbitrated. In such cases, the court will stay the public injunctive relief claim until the arbitration regarding individual relief has been finalized. Claims for public injunctive relief cannot be arbitrated.
All issues are to be decided by the arbitrator, except those concerning the scope and enforceability of the arbitration and class action waiver provisions, which are for the court to decide. Attorneys’ fees will be available to the prevailing party in arbitration only if authorized by the applicable substantive law governing the claims. If the arbitrator determines that your claim or the relief sought in your Demand for Arbitration was frivolous or brought for an improper purpose (as defined by Federal Rule of Civil Procedure 11(b)), we will be entitled to recover our attorneys’ fees and expenses. This arbitration provision will remain in effect even after the termination of these Terms. You can find AAA and JAMS procedures, rules, and fee information as follows: AAA: +1 (800) 778-7879 and https://www.adr.org; JAMS: +1 (800) 352-5267 and https://www.jamsadr.com.
D. Time Limit for Filing Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF EITHER YOU OR WE WISH TO ASSERT A DISPUTE (EXCLUDING AN EXCLUDED DISPUTE) AGAINST THE OTHER, SUCH DISPUTE MUST BE INITIATED (BY PROVIDING WRITTEN NOTICE AS OUTLINED IN SECTION (A) ABOVE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES—OR IT WILL BE FOREVER BARRED. "Initiating" a dispute means:
(a) delivering written notice as described in Section (A) above;
(b) filing for arbitration as outlined in Section (B); or
(c) initiating an action in state, federal, or provincial court.
E. Injunctive Relief
The provisions in this Section titled “Dispute Resolution/Arbitration” do not apply to any legal actions taken by us to seek an injunction or other equitable relief regarding any loss, cost, or damage (or potential loss, cost, or damage) related to our intellectual property rights.
F. No Class Action Matters
YOU AND WE AGREE THAT CLAIMS MAY ONLY BE BROUGHT BY EITHER PARTY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY SUPPOSED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.
Disputes will be arbitrated solely on an individual basis and will not be combined or consolidated with any other arbitrations or proceedings involving claims or controversies of other parties. There will be no right or authority to arbitrate any Dispute on a class action basis or in any capacity representing the general public or other similarly situated individuals or entities. However, if any court with competent jurisdiction determines that this restriction is unconscionable or unenforceable, our agreement to arbitrate in Section (B) will not apply, and the Dispute must be brought exclusively in court as outlined in Section (G) below.
Regardless of any other provision in this Section titled “Dispute Resolution/Arbitration,” all issues related to the scope, interpretation, and enforceability of the class action waiver provisions described in this “No Class Action Matters” section will be determined exclusively by a competent court and not by the arbitrator. The arbitrator does not have the authority to modify these class action waiver provisions. If the class action waiver and prohibition against class arbitration are deemed invalid or unenforceable, then this entire Section titled “Dispute Resolution/Arbitration” will be void. If any part of this Section, other than the class action waiver and prohibition against class arbitration, is found to be invalid or unenforceable, the remaining sections will still be valid.
G. Jurisdictional Issues
Except where arbitration is mandated above or regarding the enforcement of any arbitration decision or award, any action or proceeding related to any Dispute or Excluded Dispute arising from this agreement may only be initiated in state court in Oakland County or in federal court in the United States District Court for the Eastern District of Michigan. Thus, you and we consent to the exclusive personal jurisdiction and venue of these courts for such matters.
H. Exclusion of Small Claims Matters from Arbitration Requirement
Notwithstanding the above, either party may bring qualifying Disputes (excluding Excluded Disputes) in small claims court on an individual basis, provided that such claims fall within the court's jurisdiction.
Severability
If any provision of these Terms of Use is found to be invalid or unenforceable for any reason, that provision will be modified, if possible, to make it valid, enforceable, and binding. This determination will not impact the validity or enforceability of any other provisions within these Terms of Use.
Binding Agreement
These Terms of Use are binding on both parties, as well as their respective parent, subsidiary, affiliated, or related companies, including past and present officers, directors, members, managers, shareholders, agents, employees, successors, estates, or assigns. Non-Waiver If either party fails to enforce any term of these Terms of Use or if a breach occurs, it will not be considered a waiver of any provision or any subsequent breaches.
Entire Agreement / Merger & Integration
These Terms of Use, along with our Telephone Messaging Terms & Conditions and our Online Privacy Policy, represent the complete and final agreement between the parties regarding the use of the Websites and Content. They supersede all prior communications or agreements, whether oral, written, or electronically transmitted, between the parties.
Modifications
We reserve the right to modify our websites, policies, and these Terms at any time. We will notify you of any changes as required by law. Headings The headings used in these Terms are for convenience only and do not affect the interpretation of the provisions. Survival Any provisions of these Terms that, by their nature, should survive termination will remain in effect even after the termination of these Terms.
Contact Information
- For any questions, comments, or notices regarding these Terms, please contact us at:
• Email: info@plpd.com
• Phone: 810-341-5077
• Mailing Address: 1391 Bristol Rd, Flint, MI 48507, United States