These Terms of Service ("Terms") govern your access to and use of the application and website (collectively, the "App") ("Services") provided by ABC Company and its subsidiaries, so please read these Terms carefully before using the Services.
References to "you" in these Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of the Services.
We reserve the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Pledge. If you do not agree to these Terms, which incorporates the Privacy Pledge by reference, please do not access or otherwise use our Services or any information contained here.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our website and will apply to causes of action arising after the effective date of the change. You should continue to check the website for changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; (ii) you are over the age of 18 as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to agree on behalf of that legal entity and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Please do Not Rely on our website for your financial decisions. The ABC Company website, app, and other content are for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Application License
Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.
Account Information
To access our Service, you will have to create an account. You hereby represent and warrant that the information you provide to ABC Company upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your "Account Information"), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Linked Accounts and Social Networking Sites
We may, now or in the future, allow you to voluntarily link your account on the Service to your account(s) on third-party services such as Google or Facebook ("Linked Accounts") to simplify the processes of signing up and logging in to your account. If you choose to link your account on the Service to a Linked Account, you are authorizing us to store and use your first and last name, profile picture, and email address and enable login to your account by authenticating you with the Linked Account.
User Content
General
The Service may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content, you grant us a license to use the User Content to make it available through the Service.
License Grant
By uploading User Content, you are granting us a license to display, perform and distribute your User Content and modify (for technical purposes) and reproduce such User Content to enable us to operate the Service. You agree that these rights and licenses are royalty-free, worldwide, and irrevocable, and include a right for us to make such User Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the service, solely to provide such services, and to disclose your User Content to third parties otherwise if we determine such access is necessary to comply with its legal obligations.
Unauthorized Use
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
Electronic Transmissions
By accepting the receipt of Electronic Transmissions, you voluntarily agree to have all records, including your current and future insurance-related documents, provided to you in electronic form. Insurance-related documents include, but are not limited to:
- Your insurance policy and all documents, notices, and correspondence related to your insurance policy. This could include ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
- Bills, billing notices, payment schedules, or any other correspondence related to premium payments;
- Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
- Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
- Any other documents related to your insurance transactions with us.
We will use various methods to communicate electronically, including via e-mail or through our website or app. For this second option, you may need to log-in to access the information.
We will update you if there are any changes to the hardware or software requirements that could impact your receiving or consenting to electronically delivered transmissions.
Third Parties' Links, Websites, and Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities not owned or controlled. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for any third-party websites' content, privacy policies, or practices. Also, we will not and cannot censor or edit the content of any third-party site.
If you access any third party's website, service, or content from our Services, you do so at your own risk. Using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the App and read the terms and conditions and privacy policy of every website you visit.
Disclosure
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena, or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.
Limitation of Liability
To the maximum extent permitted by law, the Service Is Available "As-Is." Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions, and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABC Company EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) ABC Company DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION, AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABC Company, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF ABC Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100 OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Assignment
ABC Company reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense, nor pledge in any manner whatsoever any of your rights or obligations under these Terms.
Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defense, hold harmless, and indemnification obligation will survive any termination of these Terms and your use of the Services.
General
We reserve the right to discontinue or modify any aspect of the Services at any time. Together with the Privacy Notice and any other legal notices published by us on the Services, these Terms shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. A party's failure to assert any right or provision under these does not constitute a waiver of such right or provision.
Insurance Related Notices
These insurance-related notices provide additional information relevant to the Products provided by us. In the event and to the extent these notices conflict with any federal or state laws or regulations, the latter shall govern.
Digital Assistant
Our Digital Assistant functions as an agent of ABC Company Insurance Company. Any insurance purchasing conclusions and decisions such as coverage amounts, limits, and deductibles are completely and solely the insured's responsibility. ABC Company may at its sole discretion change the Digital Assistant’s content and information from time to time. At the time of a claim, coverage will be determined per your insurance policy's terms and conditions.
Credit and Credit-Based Information
Disclosure per the Insurance Law
If you are a first-time user, please read the following disclosure: In connection with this insurance, we may review your credit report or obtain or use a credit-based insurance score based on information contained in that report. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
If you used our services before and you wish to renew your policy, please read the following:
We may have previously used a credit report or obtained or used a credit-based insurance score based on information in that report in connection with this insurance. We may obtain or use credit information provided again upon renewal of the policy. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
Recurring Credit/Debit Card Payments
You understand and agree that we will charge the credit or debit card you use to purchase an insurance policy from us today. Thereafter, we will automatically charge the card monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Your policy is a one-year contract. Should we choose to insure you for another year, we will automatically charge the new monthly premium card. We will do the same for any subsequent renewals. You may cancel these recurring payments by canceling your policy on the app. You may also cancel your policy by emailing our customer experience team.
Insurance Quotes and Coverages
All quotes generated by our digital platform are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Our website's coverage descriptions are general descriptions of available coverages and are not a statement of contract. To obtain the coverage, you must apply to us whether on the website, mobile app or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province, and additional minimum coverage limits may be available in your state.
Claims Submissions
If you elect to report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. ABC Company reserves the right to request additional information before deciding on the claim. A claim representative may be communicating with you regarding your claim. It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company to defraud the company. Penalties include imprisonment, fines, and denial of insurance benefits. All policy provisions contained in your policy remain in effect.
Consent and Authority to Obtain Information
In connection with any claim under your insurance policy, you consent to the release to us by third parties of any information and documents – whether or not confidential or non-public – that we deem pertinent to the claim, including but not limited to personally identifiable information, personal financial information, protected health information and any information you have provided to any law enforcement agency. You hereby authorize us as your representative for purposes of obtaining release to us of any such information from third parties. Any such information released to us will be held and used per our Privacy Pledge.
Questions?
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