1. Eligibility.

   You must be an individual at least 16 years old to use the Service. Certain plans or activities presented through the Service may have other age restrictions. By using the Service, you represent that you are at least the minimum required age (in no case less than 13 years old) or and in any case that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Further, by using or registering for the Service, you agree to abide by and comply with these Terms, and you acknowledge that you are accepting the benefit of the Service, subject to these Terms.

2. Access.

   Company grants you permission to access and use the Service during the Term as set forth in these Terms and consistent with the intended features of the Service, provided that: (i) you use the Service solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from or included within the Service; and (iii) you do not engage in any of the prohibited uses described below.

1. Account Information.

   In order to access some features of the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Company upon registration (including information provided through your linked Facebook account, as applicable, or other third party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

2. Password.

   As a registered User, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Company by e-mail to [email protected] You are solely responsible for your own losses or losses incurred by Company and others (including other users) due to any unauthorized use of your account that occur prior to notifying Company that your account was compromised.

3. Location Information.

   In the event that you purchase insurance coverage from the Company, you will be required to connect a wireless-enabled telematics device to your covered vehicle(s). The device is capable of collecting and communicating back to the Company a variety of diagnostic information about your vehicle and your trips, including speed, heading, acceleration, altitude, odometer, and location information. This information is used to enable features of the Service, including displaying maps of your trips. The Service allows you to configure whether the location-based information is stored by the Company. If you choose to turn location-based data off, the Company will stop storing location-based data on our servers within a reasonable time following your selection, and you will not be able to use features of the Service that require your location-based data for any period during which you had location-based data storage disabled.

1. General.

   The company may contain or display through the Services various information, and other materials or content from third parties, including User Content (“Third Party Materials”). The display on or through the website and Services of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval of Company by any such third party or any affiliation between any such third party and Company. Furthermore, in using and accessing the Service, you agree that Company is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. Company’s display of specific Third Party Materials does not suggest a recommendation by Company of the third party or any products, plans or service offered. Your interaction with any third party accessed through the Service (whether online or offline) is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party

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2. Third Party Links and References.

   The Service may contain references or links to third-party materials and services not controlled by Company or its suppliers or licensors. Company provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service.

3. Google Maps.

   Google Maps presented to you through the Service are powered by Google. Your use of such Google Maps is subject to the Google Maps Terms of Service, available online at https://developers.google.com/readme/terms, and by using the Service, you are agreeing to be bound by such terms.

1. General.

   The Service may now or in the future provide allow you and other users to submit, post, and share content such as text, photos, audiovisual content, and other media content (“User Content”). You retain all your rights in User Content, but if you choose to provide any User Content to Company, we require a license to such User Content in order to make it available through the Service.

2. Access and Responsibility.

   While Company may provide certain tools to aid you in configuring access by others to your User Content, Company cannot guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully and use good judgment about what you submit to or make available through the Service. You understand that all User Content is the sole responsibility of the person who generated such User Content. This means that you, and not Company, are entirely responsible for User Content that you make available through the Service.

3. License Grant by You to Company.

   You retain all of your ownership rights in original aspects your User Content. By providing User Content to Company you hereby grant Company and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the “Company Licensees”) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license, without obligation, to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof in connection with the Service and Company’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

4. User Content Representations and Warranties.

   You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable the use of User Content in the manner contemplated by these Terms, and to grant the rights and license set forth herein, and (ii) your User Content, Company’s or any Company Licensee’s use of such User Content pursuant to these Terms, and Company’s or any Company Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity of any other person; (c) violate any applicable law or regulation, or constitute any false or misleading advertising or unfair business practice; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms.

5. No Obligation to Publish.

   Company makes no representations that it will publish or make available any User Content on the Service, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, Company complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice (see Section 10 titled “Digital Millennium Copyright Act”, below).

1. 1. General.

      Company respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Content.

   2. User Content.

      If you upload User Content that contains any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, then you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and grant the rights granted herein. In addition to being grounds for removal of your User Content, termination of your account, and any other remedy Company may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability, the damages for which can be significant.

   3. Copyright Owner Rights

      If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA” ) by providing Company’s Designated Copyright Agent with the following information in writing:

Please consult your legal counsel (or see 17 U.S.C. Section 512) to confirm these requirements and your compliance therewith. It is Company’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, Company will promptly terminate without notice the accounts of Users that are determined by Company to be “repeat infringers.” If Company receives more than three takedown notices regarding a User’s User Content, then that User will be considered a repeat infringer and their account will be terminated.

1. Designated Agent

   Company’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, [email protected] For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

1. Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation Site Content, Third Party Content, and User Content), for any purpose other than for your personal, noncommercial purposes;
2. Access or use the Service for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
3. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, or features that enforce limitations on the use of the Service or any content therein;
4. Use any manual or automated means to extract and/or compile content from the Service for any commercial purpose or otherwise;
5. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
6. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
7. Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message;
8. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
9. Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
10. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Service, Site Content, Third Party Content, or User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
11. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
12. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail” “spam” “chain letters” “pyramid schemes” or any other form of solicitation (commercial or otherwise); or
13. Use the Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

1. By Company.

   Company, in its sole discretion and for any reason or no reason, may terminate your account on the Service, disable your access to the Service (or any part thereof), discontinue the Service, or terminate any license or permission granted to you hereunder, at any time, with or without notice, including without limitation in connection with any termination of any insurance policy you may have with the Company. You agree that Company shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, Company may terminate your account in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.

2. By You.

   If you are dissatisfied with the Service, then please let us know by e-mailing us at [email protected] . Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of Company in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate only by discontinuing your insurance policy (and thus your account on the Service) by calling insuremile.

1. Generally.

   In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms.You understand and agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action.

2. Exceptions.

   Notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

3. Arbitrator.

   Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.

4. Notice; Process

   A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: [Company], Insuremile, The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.

5. Fees.

   In the event that you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

6. No class actions.

   YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

7. Modifications.

   In the event that Company makes any future change to this arbitration provision (other than a change to the Company’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Company’s address for Notice, in which case your account with Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

8. Enforceability.

   If only Subsection F of this Section 18 or the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 20 shall govern any action arising out of or related to these Terms.