Terms of Use

1. Permitted Uses and Users

The companies of Erie Insurance Group ("ERIE") provide the JOINTHESHIFT.ORG Website ("Site") without charge to the general public who visit the Site ("Users") for the purpose of providing Users information about the dangers of distracted driving and to raise awareness regarding this important issue. The Site is intended and may be used for these purposes only. Any use of the Site is subject to the terms and provisions set forth below or incorporated herein ("Terms of Use"). These Terms of Use apply to all Users of the Site, including those Users who are also contributors of text, audio, or video content, information, and other materials or services on the Site. 

2. Agreement to be Legally Bound by These Terms

Please read these Terms of Use carefully before using the Site as they govern your access to and use of the Site, as more fully explained below. By using the Site, including by navigating through pages within the Site or downloading any Content (as defined in Section 7 below) from the Site, you agree to abide and be legally bound by these Terms of Use, including any changes or updates that may be posted on the Site from time to time. The Terms of Use as posted on any given date that you use the Site shall govern such use, and you should check the Terms of Use upon each visit to ensure you are familiar with the then current Terms of Use posted to the Site. If you do not agree to abide and be legally bound by these Terms of Use, the Online Privacy Policy, or any other terms published on the Site, do not use the Site or download Content from the Site. In addition to your agreeing to these Terms of Use by navigating through pages within the Site, ERIE may further require you to reaffirm your agreement to and acceptance of these Terms of Use by checking a box, particularly upon accessing or using particular functions available on the Site.

3. Limited License

Subject to these Terms of Use, ERIE grants you a limited right to view, access, and display the Content within this Site for personal use only. This grant of rights to you is limited in duration and scope. The grant is not transferable, nor is it exclusive. ERIE may terminate the grant, in whole or in part, for any reason and at any time with or without notice. This grant is also dependent on your agreement not to interrupt or attempt to interrupt the operation of the Site.

You may download the Content only to access, view and display such Content, or to use the Site features and functions subject to these Terms of Use. This license is not a transfer of title in the Content or any copies of the Content and is subject to the following restrictions:

  1. You may not modify the Content in any way (including the removal of any copyright or other proprietary notice contained in the Content), or reproduce or publicly display, perform, or distribute or otherwise use them for any commercial purpose; and
  2. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Content, is protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, ERIE does not grant any express or implied right to you in or to any Content and in no way do these Terms of Use convey any rights in or to any patents, trademarks, copyrights or trade secrets. User Submissions or other information uploaded to the Site by third parties may be subject to additional copyright rights, and you should not use such User Submissions or information without express authorization.

4. Site Username Accounts

A. In order to access some features of the Site and participate in the contest, users must create a JOINTHESHIFT.ORG username account. This information and your access to the Site constitute a JOINTHESHIFT.ORG username account. You may never use another's username account without their permission. When creating your username account, you must provide accurate and complete information. You agree that you will not provide a false or fraudulent email address. You are solely responsible for the activity that occurs on your username account. Should you establish a username and password on the site, you must keep your username account password secure. ERIE is not responsible for any other User or third party’s use or theft of your username and password. You must notify ERIE immediately of any breach of security or unauthorized use of your username account. By creating any JOINTHESHIFT.ORG username account that contains false information or omits any material information, you waive any rights, including those described under Section 9.B. of these Terms of Use to provide a counter-notification or otherwise defend or respond to any notice we may receive stating that content you have posted on the Site infringes the rights of any third party.

B. Although ERIE will not be liable for your losses caused by any unauthorized use of your username account, you will be liable for the losses of ERIE or others due to such unauthorized use.

C. ERIE may use the information you provided on this and any other website operated by ERIE for any purpose, commercial or non-commercial, including distribution of electronic mail messages to any email address provided.

5. Permissions and Restrictions

ERIE hereby grants you permission to access and use the Site as set forth in these Terms of Use, provided that:

A. You agree not to distribute any part of the Site, in any medium, without the prior written consent of ERIE other than through functions and features provided through the Site such as the "share" button.

B. You agree not to alter or modify any part of the Site.

C. You agree not to use any part of the Site for any commercial use without the prior written authorization of ERIE. Prohibited commercial uses include without limitation any of the following actions taken without ERIE's express written approval: 1) sale of access to the Site on another website; 2) use of the Site or any information on the Site for the purpose of gaining advertising or subscription revenue; or, 3) the sale of advertising on the Site or any third-party website targeted to any information on the Site.

D. Prohibited commercial uses do not include uploading of original material to the Site approved in advance or expressly authorized by ERIE in writing.

E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," or similar devices that access the Site in a disruptive manner, send more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period of time using a conventional on-line web browser, or comb the site using automated devices for the purpose of displaying the Site contents on any other website. Notwithstanding the foregoing, ERIE grants the operators of public search engines permission to use spiders to reference or link to materials on the site for the sole purpose of creating publicly available searchable indices of the materials. As with all provisions of these Terms of Use, ERIE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including usernames, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any unlawful purpose. You agree not to solicit, for commercial purposes, any users of the Site.

F. In your use of the Site, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

G. ERIE reserves the right to discontinue any aspect of the Site at any time.

6. Your User Submissions and Conduct

A. As a JOINTHESHIFT.ORG username account holder you may submit text, audio and video content ("User Content"). User Content and similar interactive features where a User provides any submission are collectively referred to as "User Submissions." You understand that ERIE does not guarantee any confidentiality or security with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ERIE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. 

C. You retain all of your ownership rights in your User Submissions; however, by submitting User Submissions to the Site, you hereby grant ERIE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and ERIE's (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use. You understand and agree, however, that ERIE may retain copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is defamatory, obscene, lewd, or that contains any sexual content. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ERIE all of the license rights granted herein.

7. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Site.

A. The information and materials on the Site, except User Submissions, including without limitation, text, software, code, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks, and logos contained therein (collectively, the "Marks"), are owned by or licensed to ERIE unless expressly disclaimed and are subject to copyright, trademark and other intellectual property rights under the law. However some information and materials on the Site may be the property of a third party and incorporated into the Site for commentary or criticism or other form of fair use. Where this information and materials is found, ERIE disclaims ownership in that third party information and materials. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners other than through functions and features provided through the Site such as the "share" button. ERIE hereby grants users of the site who are eligible to participate in the Contest the right to download, copy and display in physical form only the content of "downloads" on the Site including the posters provided for download under the "Spread the Word" section of the Site. ERIE reserves all rights not expressly granted in and to the Site and the Content.

B. You may access User Submissions solely for your information and personal use as intended through the normal functionality of the Site.

C. You may access JOINTHESHIFT.ORG Content, User Submissions and other information and materials only as permitted under these Terms of Use. ERIE reserves all rights not expressly granted in and to the JOINTHESHIFT.ORG Content and the Site.

D. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, and you agree not to engage in the use, copying, or distribution of any User Submissions of third parties obtained through the Site for any commercial purposes.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.

F. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that ERIE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable to you personally, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ERIE with respect thereto, and you agree to indemnify and hold ERIE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

G. ERIE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ERIE expressly disclaims any and all liability in connection with any User Submissions. ERIE does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ERIE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ERIE reserves the right to remove Content and User Submissions without prior notice.

8. Account Termination Policy

A. ERIE may terminate any User's username account and, to the extent possible, such User's access to the Site if that User is determined to be a repeat infringer. Further, ERIE may terminate, block or otherwise inhibit access to any Site visitor it deems to have violated any of these Terms of Use including by blocking any IP address or other indication of the source of behavior, content or usage of the Site that violates these Terms of Use.

B. ERIE reserves the right at all times, but does not have the obligation, to refuse to post, or otherwise to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ERIE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

9. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact ERIE's designated Copyright Agent to receive notifications of claimed infringement at: DMCA TAKE-DOWN NOTICE, Erie Insurance Group, 100 Erie Insurance Place, Erie, PA 16530-1104; email: dmca@erieinsurance.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Erie, Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, ERIE may send a copy of the counter-notice to the original complaining party informing that person that it may restore the removed content or cease disabling it. ERIE, at its sole discretion, may replace the removed content.

10. Disclaimer

CONTENT PROVIDED THROUGH THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ERIE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT DISPLAYED OR DISTRIBUTED THROUGH THE SITE. FOR COMPLETE DETAILS ABOUT SERVICES OFFERED BY ANY ERIE COMPANY, YOU SHOULD CONTACT YOUR LOCAL ERIE AGENT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR CONTENT WILL BE AT YOUR SOLE RISK. ERIE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO THE TERMS OF USE, AND TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. ERIE MAY MAKE ANY OTHER CHANGES TO THE SITE AND ANY CONTENT DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THE SITE, AND CONTENT ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

11. Third Party Sites

As a convenience to you, ERIE may provide, on the Site, links to websites operated by other entities. If you link to and use any such websites, you will leave this Site and may be subject to the terms and conditions governing the use of such websites. Clicking on any link within this Site to a third party website is done solely at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may arise or result from the use of any website. ERIE makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links to third party websites do not imply that ERIE or this Site sponsors, endorses, is affiliated or associated with such third parties, or that ERIE is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such websites, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of ERIE.

12. Information Provided By You

ERIE does not want you to, and you should not, send any confidential or proprietary information to ERIE via the Site. Do not send other business proposals, inventions or ideas to ERIE through the Site. You agree that any materials or information that you or individuals acting on your behalf provide to ERIE through this Site will not be considered confidential or proprietary, except to the extent it is nonpublic personal information covered by ERIE’s Privacy Notice. To the extent you provide any materials or information to ERIE other than nonpublic personal information covered by ERIE’s Privacy Notice, you grant to ERIE an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, sublicense, transmit and distribute such materials and information, in any medium and in any form, and you further agree that ERIE is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to ERIE through or by means of this Site. You further recognize that ERIE does not want you to, and you warrant that you will not, provide any information to ERIE that is defamatory, threatening, obscene, harassing, or otherwise unlawful, that infringes the intellectual property rights of another, or incorporates the proprietary material of another.

13. Children

This Site is not directed to or intended for children age 12 or under. If you are age 12 or under, do not use this Site and do not provide any information or User Submission to this Site. By using this Site you affirm that you are at least 13 years of age.

14. Limitations of Damages

IN NO EVENT WILL ERIE, ITS EMPLOYEES, OFFICERS, DIRECTORS OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE ANY ASPECT OF THE SITE INCLUDING THE MATERIALS, CONTENT, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ERIE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Changes

ERIE reserves the right, at its sole discretion, to modify, add or remove all or any portion of these Terms of Use at any time. Changes will be effective when they are posted so that you have notice of such changes. Your continued use of the Site after any changes are posted will be considered acceptance of those changes. If you do not agree to any changes, you may not continue to access or use the Site. ERIE may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and without notice or liability. ERIE may also impose limits on certain features and services or restrict your access to all or part of the Site without notice or liability.

16. Location of Use and Choice of Law

This Site is controlled, operated and administered by ERIE from its offices within the Commonwealth of Pennsylvania, United States of America. ERIE makes no representation that this Site, or any Content or User Submission, is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. The Site is not intended to, and may not be used to, provide information regarding insurance products in any state where ERIE is not licensed to do business. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

You and ERIE agree that the laws of the Commonwealth of Pennsylvania govern these Terms of Use, without giving effect to any of its conflict of laws provisions that would direct the application of the laws of any other jurisdiction.

17. Severability

If for any reason any portion or provision of the Terms of Use, is ruled to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use will continue in full force and effect.

18. Relation to Other Agreements or Policies

These Terms of Use, and the Online Privacy Policy which is hereby incorporated by reference, constitute the entire agreement between ERIE and you with respect to your use of the Site and Content.