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of the liability limitation for ordinary negligence-related data incidents depends on applicable state law and may be superseded by statutory data security and breach notification obligations.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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Compare across platforms →"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
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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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