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Progressive limits its liability for all damages arising from use of the website, including unauthorized access to user data, except where such damages result from Progressive's own gross negligence or intentional actions.
This analysis describes what Progressive's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision limits Progressive's financial exposure for website-related harms including unauthorized data access, with a carve-out only for gross negligence or intentional misconduct, which means users bear the risk of ordinary negligence-related data incidents under the terms as written.
Interpretive note: Enforceability of the liability limitation for ordinary negligence-related data incidents depends on applicable state law and may be superseded by statutory data security and breach notification obligations.
Under this clause, Progressive's liability for damages arising from unauthorized access to or alteration of user data transmitted through the site is disclaimed unless the access results directly from Progressive's gross negligence or intentional actions; ordinary negligence-related incidents are excluded from the liability carve-out.
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"To the fullest extent permitted by law, Progressive shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) unless resulting from the gross negligence or intentional actions of Progressive, the unauthorized access to or alteration of your transmissions or data, even if Progressive has been advised of the possibility of such damages.Excerpt from Progressive's Terms of Use
1. REGULATORY LANDSCAPE: Limitations of liability in consumer contracts are subject to applicable state law, which in certain jurisdictions restricts the ability to limit liability for negligence in consumer-facing contexts. State insurance regulatory frameworks may impose independent liability standards for insurers and their digital service operations that take precedence over contractual limitations. The FTC Act may engage where liability limitations effectively shield deceptive or unfair practices. 2. GOVERNANCE EXPOSURE: Medium. The exclusion of ordinary negligence from the liability carve-out is operationally significant in the context of unauthorized data access, particularly given that Progressive's website may collect authentication credentials and personal information. Data breach liability in many states is governed by breach notification statutes that impose obligations regardless of contractual limitations. 3. JURISDICTION FLAGS: California, New York, and Illinois impose data security and breach notification obligations on companies that collect personal information, and these statutory obligations may supersede contractual liability limitations. EU and EEA users are protected by GDPR Article 82, which provides a right to compensation for GDPR violations that contractual limitations cannot override. 4. CONTRACT AND VENDOR IMPLICATIONS: The limitation of liability clause is silent on third-party service providers and vendors whose actions might contribute to data incidents, which may create uncertainty about the allocation of liability in multi-party breach scenarios. Indemnification provisions in third-party vendor contracts should be reviewed in light of this clause. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether this limitation of liability is consistent with applicable state insurance data security laws, including statutes modeled on the NAIC Insurance Data Security Model Law, which impose affirmative security and breach response obligations on insurers that may not be waivable through website terms.
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This provision limits Progressive's financial exposure for website-related harms including unauthorized data access, with a carve-out only for gross negligence or intentional misconduct, which means users bear the risk of ordinary negligence-related data incidents under the terms as written.
Under this clause, Progressive's liability for damages arising from unauthorized access to or alteration of user data transmitted through the site is disclaimed unless the access results directly from Progressive's gross negligence or intentional actions; ordinary negligence-related incidents are excluded from the liability carve-out.
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