Your Authorization When Signing up Jerry Services
In order to shop insurance on your behalf, you authorize us to obtain and review your insurance coverage information by providing your personal information and asking your current insurance company or agent to send all your insurance policy information or declaration pages to us by Fax or email. Accordingly, you authorize us to send such request to your insurance company. You agree that we shop insurance from various insurance companies on your behalf based on your current insurance coverages. If you choose to use Jerry for services with respect to any insurance product(s) that Jerry is authorized to transact, you agree to (i) appoint I S U Insurance Services of San Francisco (ISU) (Jerry is a member of ISU, one of nation’s largest insurance agency networks) or Jerry as your broker of record (accordingly, you authorize us to send such communication to your insurance company (or your prior insurance producer), to appoint ISU or Jerry as your broker of record on the date of you signing up with Jerry or your policy renewal date(s), such appointment remaining in effect until canceled in writing and rescinding all previous appointment(s)), (ii) work exclusively with Jerry for such services unless we have expressly agreed to collaborate with another insurance broker, and (iii) permit Jerry (and/or ISU) to receive commission or any other form of compensation that third party providers such as insurance companies or carriers agree to pay to Jerry (and/or ISU) for your use of the Services (e.g., a commission at the rate of 10% insurance premium). You agree that your use of the Services and you acceptance of the Terms are equivalent as e-signature and we may send your authorizations to your insurance provider using automatically generated e-signature.
Limitations of Use
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. The Services are offered only for your use, and not for the use or benefit of others. Your account may not be used for Services to be performed for another person. You agree to use the Services only for lawful purposes. You may not use the Services in any way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of this Services, including but not limited to, unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Services, is strictly prohibited.
Collection and Use of Personal Information
, which is hereby incorporated by reference in its entirety.
Your Use of the Services
User accounts. In order to use most aspects of the Services, you must register for and maintain a user account (“Account”). Account registration requires you to submit certain personal information, such as your name, email address, street address, and/or mobile phone number, etc. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and do not allow any unauthorized access to your phone, other devices or personal information. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Jerry. You hereby authorize Jerry, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation relating to your insurance or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or other instruments, and verifying your information against third party databases or through other sources.
Financial products. Jerry is a licensed insurance agency (California Property & Casualty Broker-Agent license number 0M34848). The Services provided by Jerry allow you to view financial product offers or quotes from our partners (e.g., insurance quotes for your personal insurance from various insurance companies) and allow eligible individuals to purchase certain financial products. Insurance products are only available to people in those jurisdictions in which they may be legally sold. In some cases, Jerry may transact insurance products through ISU, ISU is licensed for transacting property & casualty insurance in 50 states (Jerry is a member of ISU insurance agency network). You may use the Services on your mobile device or through a web browser. By using the Services, you authorize us to collect your personal information, obtain your insurance policy information including declaration pages from insurance companies, or data providers providing such info, shop insurance, purchase and bind new insurance policies, cancel insurance policies that you no longer need, request refunds, speak to insurance companies and/or perform other actions on your behalf. We do not provide forms of professional advice of the type that may require additional professional licensing, such as legal, medical, accounting, or tax advice. Further, the information we provide is not insurance advice. Any insurance purchasing decisions such as coverages (e.g., types and amounts), limits, and deductibles are solely the responsibility of the insured. We have no special relationship with or fiduciary duty to you, and Jerry is not responsible for determining the suitability of insurance coverages acquired through the Services. You will review your policy documentation, review the price quotes for insurance product(s) carefully, and determine the insurance coverages you need, prior to making any decision to purchase insurance product(s) through the Services. You acknowledge that we have no duty to determine or take any action regarding: (a) who should be insured on your policy or policies; (b) what type of coverage(s) and what amount of coverage(s) should be on your policy or policies; (c) what property or properties should be on your policy or policies. The quotes or premium amount(s) for financial product(s) quoted do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue, or renew insurance coverage, and may be subject to change based on, for example, verification of claim and credit history where permitted by law, property inspection(s), or any other of insurance company’s underwriting criteria, as applicable. You may request your insurance company to make us broker of record, you agree that the effect of such request is not confirmed until the insurance company lists us as the broker of record and lists / shares your policy information with us as your broker of record. To be safe, you should not cancel any existing insurance until you have received written confirmation from the insurance company to which you are applying that your new policy is effective.
Communications. You expressly consent and agree to receive communications from us (e.g., communications relating to products, services, and marketing, etc.), including by phone or electronically, e.g., email, text message, calls, Facebook Messenger, push notifications, app(s), and Jerry’s websites, to the telephone number and email address you provided to us, and accounts you set up with Jerry. You consent to using the email address, phone number or app(s) to receive service-related notices or communications, including any notices or communications required by law, instead of postal mail. As used in this section, “we” or “us” refers not just to Jerry, but also Jerry’s agents, and affiliates. You further agree that we may accept an electronic authorization from you, and that this electronic authorization will have the same effect as a physical wet signature and will appear on all records related to the provision of products and services. Your consent is voluntary and applies to all Communications and information that we receive from you.
User content. You may submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-hows or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason or no reason, without notice to you.
If you wish to terminate your Account, you may do so by sending us a written notice by email (firstname.lastname@example.org
) or U.S. mail (430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal). We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, disclaimers, indemnity and limitations of liability.
Your Obligations and Authorizations
By registering with Jerry, you acknowledge and authorize Jerry and its authorized agents to (i) collect information relating to you through the Services, including certain personal information, signatures, data, passwords, usernames, and other information, materials, and content necessary for us to provide the products and services offered through the Services to you, (ii) retrieve and manage information of yours maintained by certain third-party institutions, including insurance companies, data providers, and service providers (“Your Data”), and (iii) act in any way reasonably necessary to accomplish the goal of shopping for financial products (e.g., insurance) for you subject to any instructions provided by you in advance. You hereby grant us a non-exclusive, royalty-free license under any applicable intellectual property rights to use Your Data solely in connection with the provision of the products and services offered through the Services, and you authorize Jerry to access your connected account(s) and download relevant information in order to provide the Services. To withdraw this authorization, you may cancel and delete your account at any time by emailing us at email@example.com
You represent and warrant that Your Data that you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Services due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. In order to connect the Services with any third-party service, you hereby authorize us to: (i) store Your Data in accordance with applicable laws, (ii) use any signatures or other materials you provide us in order to provide you the products and services offered through the Services, (iii) gather and export from such third party service any data or other information reasonably necessary for us to provide the products and services offered through the Services to you, and (iv) otherwise take any action in connection with such third party service as reasonably necessary for us to provide the products and services offered through the Services to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. While the Services may be endorsed by the third-parties with whom Your Data is held from time to time, you should not assume that we are working directly with the third-party or that the third-party has sponsored or endorsed the Services or our interaction with the third-party’s services at your direction. You also understand you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for us or our authorized representatives to request and receive copies of consumer reports, scores, and related information about you from third parties. We or our authorized representatives may release information to our partners, affiliates, insurance companies, or others.
This Services contains links to other websites or services that are not maintained by us. Unless otherwise stated, we make no warranties or representations regarding these websites or the products and services offered on them. We do not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.
The Service and its original content, features and functionality are and will remain the exclusive property of Jerry and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. The term “Jerry” in the context of the Services offered by us and the related logos are the trademarks of Jerry. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Jerry.
THE SERVICE ARE MADE BY US ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE JERRY SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE JERRY SERVICES WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE TO ANYONE; OR (IX) THAT THE JERRY SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. JERRY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR THEIR GOODS OR SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitations of Liability
YOU AGREE NOT TO HOLD JERRY (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE JERRY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY JERRY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL JERRY OR MEMBERS BE LIABLE (1) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (2) FOR ANY VIRUSES, BUGS, TROJAN HORSES, SYSTEM UPGRADES OR MALFUNCTIONS, INTERNET DELAYS OR MALFUNCTIONS, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (3) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTH PERIOD OR (B) $500.00. JERRY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE JERRY SERVICES.
THE JERRY SERVICES CONNECTS USERS WITH THIRD PARTY PROVIDERS SUCH AS INSURANCE COMPANIES OR CARRIERS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE JERRY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDER IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE JERRY SERVICES, YOU USE THE JERRY SERVICES, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE JERRY SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT JERRY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED IN THE PREVIOUS 12 MONTHS.
BY USING THE JERRY SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE JERRY SERVICES.
California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Jerry and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Jerry Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; and (iv) your information and content that you submit or transmit through the Jerry Services. Jerry reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Jerry.
or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Jerry will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
General. You may not assign these Terms without Jerry’s prior written approval. Jerry may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Jerry’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Jerry’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jerry in writing.
Complaints of copyright infringement
. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through the Jerry Services infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determines, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number and email address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Jerry’s contact information for notice of alleged copyright infringement is via email: firstname.lastname@example.org
or via U.S. mail: 430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal.
Notice. Jerry may give notice by means of a general notice through the Jerry Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Jerry, with such notice deemed given when received by Jerry, at any time by first class mail to: 430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal.
If you have any questions regarding these Terms or our practices, please contact us by email (email@example.com
) or by U.S. mail (430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal).
Last updated: August 30, 2018