Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IN ANY MANNER. THESE TERMS OF USE FORM A BINDING CONTRACT BETWEEN YOU AND US WHEN ACCEPTED BY YOU. YOU ACCEPT THESE TERMS OF USE BY (1) ACCESSING OR USING THE WEBSITE, (2) INDICATING ACCEPTANCE OF THESE TERMS, SUCH AS BY CHECKING A BOX CAPTIONED WITH ACCEPTANCE LANGUAGE OR CLICKING AN ICON BEARING AN “ACCEPT” OR SIMILAR LEGEND OR BY SIGNING THESE TERMS OF USE WHETHER ELECTRONICALLY OR OTHERWISE; OR (3) EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE

The following terms and conditions, together with any other referenced documents (collectively, “Terms of Use”) are a legal agreement between you and your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”) and Roamly Insurance Group, LLC (“Roamly,” “we,” “us,” or “our”). The Terms of Use apply to http://www.Roamly.com  (the “Site”). By accessing or using the Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Roamly Privacy Policy, the current version of which is available at https://www.roamly.com/terms/privacy-policy.

1. Modifications and Termination

Roamly reserves the right, at its sole discretion, to revise and update these Terms of Use at any time without prior notice by posting the amended terms to the Site. By continuing to use the Site, you indicated that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Site, your sole and exclusive remedy is to cease using the Site. 

2. Your Use of the Site, Content You Post and Content Posted by Others

You agree to use the Site only for lawful purposes, in a manner that is non-infringing on anyone’s rights and is in a manner that is not offensive or interferes with the Site or any feature of the Site. Specifically, you agree not to do any of the following: 

1. upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; 

2. use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; 

3. intercept or attempt to intercept electronic mail not intended for you; 

4. misrepresent an affiliation with any person or organization; 

5. upload to or transmit on the Site any advertisements or solicitations of business; 

6. restrict or inhibit use of the Site by others; 

7. upload or otherwise transmit files that contain a virus or corrupted data or in any manner that may have a detrimental effect on the Site’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Site or any server, computer or database connected to or accessed by the Site; (d) modifying, blocking or otherwise interfering with the display of the Site; (e) interfering with another user’s ability to access, use and enjoy the Site; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without Roamly’s express prior written authorization, any kind of testing or scanning of the Site; and (i) engaging in any activities that results in any server being the target of a denial of service attack.

8. collect information about others (including email addresses) without their consent; download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); 

9. post “spam” or engage in other similar activities; or 

10. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Roamly, may harm Roamly or users of the Site or expose them to liability. 

Roamly reserves the right, in its sole discretion, to remove what it considers to be objectionable for any reason. However, Roamly can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Roamly assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Roamly reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public; however, Roamly has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. 

You acknowledge that Roamly has no obligation to monitor access to or use of the Site or to review or edit any material posted but has the right to do so after any material is posted, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

If we, in our sole discretion, determine that you have acted in a manner in violation of these Terms of Use, we may terminate your account and access to the Site, prohibit you from using the Site, and take any appropriate legal action. Roamly has the right to fully investigate and prosecute violations of any of the above. 

We also are not responsible for, and do not endorse, content posted on our Site by any other person or entity. We shall not be held liable for any content posted by another person, regardless of whether that person’s actions or content resulted in loss or damage to you. 

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ROAMLY AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ROAMLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ROAMLY OR LAW ENFORCEMENT AUTHORITIES AND ANY CLAIMS RESULTING FROM CONTENT THAT YOU OR ANOTHER PERSON OR ENTITY POSTS ON ROAMLY’S SITE.

3. Copyright Restrictions/Use of Content 

The entire contents of the Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Roamly and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Roamly. We will enforce all intellectual property rights to the fullest extent permitted by the law.

It is the policy of Roamly to terminate the user accounts of anyone who infringes on our Intellectual Property rights.

4. Copyright Protection

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond to notices of alleged copyright infringement that comply with applicable law. Our website complies with the DMCA and provides a process for addressing copyright complaints. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below). 

If you believe any content on the Sites infringes your copyright or trademark, you may request that we remove the content from the Sites (or disable access to that content) by contacting our Designated Agent (identified below) and providing the following information: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our copyright agent (identified above) pursuant to the DMCA. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our Designated Agent that includes the following information:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We have a policy of terminating accounts of repeat infringers in appropriate circumstances. In accordance with the DMCA and other applicable law, we may, in appropriate circumstances, at our sole discretion, terminate access to the Site of any user that we find to be a repeat infringer. We reserve the right to define the criteria by which we will determine that a user is a “repeat infringer” or we will follow applicable statute, law, or regulation. 

If you believe that a user is a repeat infringer, please follow the instructions above to contact DMFPC Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

Our designated Copyright Agent to receive DMCA Notices is: Roamly’s Legal Department. They can be emailed at legal@roamly.com.

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

5. Trademarks 

The term “Roamly” is a trademark and the Roamly logo and all related product and service names, designs and slogans on our Site are trademarks of Roamly or its affiliates. You may not use such marks without Roamly’s prior written permission. All other names, brands and marks not owned by Roamly are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. 

6. Dealings with Third-Party Merchants 

If you choose to correspond, participate in a promotion, or engage in transactions with any merchant found on or through the Site, you acknowledge and agree that Roamly is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchants. You agree that Roamly will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Site.

7. Roamly Care

If you choose to participate in (opt in to) Roamly Care, we will collect your location and vehicle data from third-party sources through technology built into or added to your vehicle. Your location and driving data, which includes latitude and longitude coordinates, time information, odometer readings, and engine alerts, will be collected by others and provided to us with your consent. You may cancel your opting-in of Roamly Care at any time by withdrawing your consent by sending an email notifying Roamly of your desire to “opt-out” to service@roamly.com. 

8. Liability of Roamly and its Licensors 

Roamly does not assume any liability for the materials, information and opinions provided on, or available through, the Site (the “Site Content”). The Site Content is not and should not be construed as insurance advice. Reliance on the Site Content is solely at your own risk and Roamly disclaims any liability for injury or damages resulting from the use of any Site Content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the applicable insurance policy and not the Site Content. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision. 

THE ROAMLY WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER ROAMLY NOR ANY PERSON ASSOCIATED WITH ROAMLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE ROAMLY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ROAMLY NOR ANYONE ASSOCIATED WITH ROAMLY WARRANTS OR REPRESENTS THAT THE ROAMLY WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE ROAMLY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ROAMLY WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ROAMLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL ROAMLY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE ROAMLY WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE ROAMLY WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ROAMLY AND WHETHER OR NOT ROAMLY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. 

9. Comments and Submissions 

Roamly welcomes your comments. All comments, suggestions or other information sent by you to the Site will become Roamly’s property, and you agree that all intellectual property rights therein are transferred to Roamly. You understand that any postings to publicly available portions of the Site are non-confidential for all purposes. 

10. Compliance, Insurance Quotes and Coverages and Claims Submissions

The owner of the Site is licensed as an insurance producer in the states where Roamly offers its Services. The Services on the Site have been approved for use by the applicable Departments of Insurance and may not currently be available in all states. Roamly makes no representation that the Services on the Site are appropriate or available for use outside of the states where Roamly is currently selling insurance. If you access the Site from other locations, you hereby acknowledge and agree that you are viewing the Services on the Site for general informational purposes only. 

All quotes generated in the Site are based on information you provided on the Site, as well as, in some cases, information we obtain from third parties. Quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided on the Site are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage you must complete all the steps listed on the Site through the final application through the Site, a mobile app, or otherwise. Applications are subject to underwriting review and approval. 

If you file a claim under your policy, the information you submit, and the loss are subject to review and verification. We reserve the right to request additional information before making a final decision on your claim. In some cases, a claim representative may contact you regarding your claim. Your claim is subject to the provisions in your policy. 

11. Agreement to Conduct Electronic Transactions 

We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Site or by phone. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Site or by phone, you acknowledge that you have read our Agreement to Conduct Electronic Transactions  provided during the transaction and agree to the terms and conditions set forth therein.

12. Data Privacy

Personally identifiable data and/or information collected, received or generated through or in connection with the use of the Services (“Personal Data”) that is subject to any applicable laws, rules, or regulations pertaining to data privacy or data security (“Data Protection Laws”) shall only be used in accordance with these Terms of Use and our Privacy Policy. You agree to execute and/or enter into any documents, agreements, statements, or policies reasonably deemed necessary or appropriate by Roamly to comply with any Data Protection Laws with respect to any Personal Data. If you receive or access Personal Data about others through your use of the Services, you acknowledge and agree that you are responsible for handling and using such Personal Data in compliance with applicable Data Protection Laws and these Terms of Use and our Privacy Policy. If you provide us with someone else’s Personal Data, you acknowledge and agree that you: (i) are doing so in compliance with applicable law, (ii) are authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

13. Governing Law 

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Texas, USA, without regard to the State of Texas’s conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Site shall be in the state or federal courts located in Travis County, Austin, Texas or a United States District Court, Western District of Texas located in Austin, Texas. You agree to submit to the jurisdiction of such courts.

14. General

The failure of Roamly to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Roamly. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.