PURE Mobile App End User License Agreement

Last updated: October 14, 2020

PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE CAREFULLY BEFORE DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION. BY CLICKING THE “AGREE” BUTTON / OTHER AGREEMENT CONSENT MECHANISM OR BY DOWNLOADING AND/OR USING THIS APPLICATION, YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT DOWNLOAD AND/OR USE OUR APPLICATION.

This End User License Agreement and Terms of Use (“Agreement”) governs your installation and use of the PURE® Insurance mobile application (“Application”) and is provided to you by Privilege Underwriters Inc. and its subsidiaries and affiliates (collectively, “PURE,” “us,” “our,” or “we”).[1] The Application (including all references to the Application in this Agreement) includes without limitation its text, graphics, interfaces, other content, software, computer code, features, associated media, data, trademarks, logos, slogans, names of products and services, documentation, and other components, and all updates and modifications to the Application.

Your use of the Application is also subject to PURE’s terms and conditions of service available at www.pureinsurance.com/legal#legal-notices (“General Terms of Service”).

PURE reserves the right, in our sole discretion, to modify this Agreement at any time. If you do not agree to this Agreement as modified, you must stop using the Application. Your continued use of the Application following the posting of any changes to this Agreement constitutes your acceptance of those changes. This Agreement governs any updates to the Application that replace or supplement the original version unless such update is accompanied by a separate agreement, in which case that agreement will govern.

Unless expressly stated, this Agreement does not modify any other terms set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider (“Application Marketplace Provider”). You acknowledge and agree that this Agreement is between you and PURE, and not between you and any Application Marketplace Provider. You further acknowledge that PURE is solely responsible for the Application.

License | Permitted Use

Subject to the terms and conditions set forth in this Agreement, PURE grants you a personal, revocable, limited, non-transferrable, and non-exclusive license to use the Application on any compatible device that you own or control and as permitted by all applicable terms and usage rules set forth in any applicable application marketplace. The Application is made available only for your personal, lawful, non-commercial use.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. PURE and our affiliates, licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Use Restrictions

You shall not (and shall not permit others to):

• In the event of a third party claim that the Application or your possession or use of the Application infringes such third

party’s intellectual property rights, you and PURE acknowledge that PURE, and not any Application Marketplace Provider, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim

If you engage in any of the above activities or otherwise violate this Agreement, your license to use the Application will terminate effective immediately. In addition, you may be subject to legal action and may be denied future participation in any products distributed by PURE.

Ownership

The Application (including all text, graphics, user and visual interfaces, trademarks, logos, computer code, documentation and other content) is the exclusive property of PURE or PURE’s affiliates and licensors and is protected by copyright, trademark and other intellectual property laws. Further, you acknowledge and agree that PURE and our affiliates and licensors own the data gathered through the Application.

In the event of a third party claim that the Application or your possession or use of the Application infringes such third party’s intellectual property rights, you and PURE acknowledge that PURE, and not any Application Marketplace Provider, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Privacy | Data Collection, Use, and Disclosure

Information and data we collect through or in connection with the Application is further described in and subject to our Privacy Policy at www.pureinsurance.com/legal#privacy-policy. Information and data collected through or in connection with the Application includes:

• information you intentionally and voluntarily submit to PURE in connection with your use of the Application, such as your name, postal address, telephone number, email address, policy information, claim information, pictures, and messages; and
• certain device information and usage data generated or collected automatically relating to your use of the Application, such as IP address, device model, device operating system and version, device identifier, advertising identifier, device application permissions, patterns of app usage and screen views, and location data (collectively, “Usage Data”).

You understand and agree that Usage Data may continue to be collected until the Application is turned off or the Application is removed from your device. If you wish for the Application to stop collecting Usage Data, you must turn off the Application or uninstall the Application from your device.

PURE may work with other companies to provide you with services and benefits. These parties are collectively referred to in this Agreement as “Third Party Partners.” For example, Third Party Partners may include, without limitation, insurance companies, insurance agencies, telecommunications providers, wireless providers, emergency personnel, towing companies, vehicle manufacturers, dealers, rewards platform administrators, equipment and software manufacturers, distributors, licensors, content providers, and any other person or entity who provides any service, equipment, content, features or facilities in connection with these programs and services. If any of the Third Party Partners imposes additional terms and conditions on the services it provides, those terms and conditions will be conveyed to you by those Third Party Partners.

PURE may be required by law to disclose data collected by the Application to third parties, and all data may be deemed discoverable by third parties and used in accident investigations, litigation or both. You or PURE may be legally required to provide the data to third parties and their legal counsel. You should not expect to retain any privacy or confidentiality related to the use of the data captured through the Application.

Further, certain data may also be exposed via internal and external application programming interfaces. You hereby expressly consent that PURE may disclose to third parties any data necessary to respond to claims of violation of the rights of third parties and to protect PURE’s rights or property.

For further information about how PURE handles your information, please view PURE’s Privacy Policy at www.pureinsurance.com/legal#privacy-policy. You agree to the collection, use, and sharing of information and data collected by PURE in accordance with this Agreement and PURE’s Privacy Policy.

Speech Data

“Speech Data” means the audio files, associated transcripts and log files provided by you or generated in connection with the Application. Either one or both of PURE and our licensors may collect and use Speech Data to tune, enhance and improve the speech recognition and other components of the Application. You acknowledge, consent and agree that PURE and our licensors may record and collect Speech Data as part of your use of the Application and that such information will only be used by PURE and our licensors, or third parties acting under the direction of PURE and our licensors pursuant to confidentiality agreements, to tune, enhance, improve the speech recognition and other components of the Application and other products and services owned, licensed or developed by PURE and our licensors.

Account Security

Some portions of the Application are protected and require a user identification code (“User ID”) and password for access. Unauthorized access or use of such portions of the Application is prohibited. You agree that you will notify PURE immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if PURE believes that any unauthorized access may occur or has occurred, PURE may terminate such access without prior notice to you. You also agree that PURE is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you. Neither PURE nor any of our licensors will not be liable for any loss that you may incur as a result of someone else using your User ID, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PURE, our licensors, or another party due to someone else using your User ID, password or account. You may not use anyone else’s your User ID, password, or account at any time, with or without the permission of the account holder.

Updates

PURE may from time to time, in our sole discretion, develop and provide Application updates or other maintenance and support services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PURE has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet, either:

a) the Application will automatically download and install all available Updates; or

b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

To the extent PURE chooses in our sole discretion to provide any Updates with respect to the Application, PURE will be solely responsible for providing such Updates. You acknowledge and agree that the applicable Application Marketplace Providers have no obligation whatsoever to furnish any Updates or other maintenance or support services with respect to the Application.

Third-Party Services

The Application may display, include, or otherwise make available third-party services or content (including data, information, applications, websites, and other products, services, or materials) or provide links to third-party services or content, including through third-party advertising (collectively, “Third-Party Services”). Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use Third-Party Services entirely at your own risk and subject to such Third-Party Services’ terms and conditions. PURE does not warrant or endorse and does not assume and will not have any liability or responsibility for any Third-Party Services.

If you choose to use Third-Party Services, you may be asked by the applicable Third-Party Services to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with PURE). Please be aware that PURE is not responsible for the privacy practices of such Third-Party Services, even though PURE’s name or logo may appear on the Third-Party Services. We encourage you to be aware when you leave the Application. You should read the privacy policies of each Third-Party Service that you visit, as the privacy policies of those Third-Party Services may differ from PURE’s privacy policy.

Wireless Service | Connection Charges

The Application transmits data via your wireless carrier or an accessible Wi-Fi network. You are solely responsible for any and all telecommunications, data, or other connectivity charges incurred through your use of the Application. PURE is not responsible or liable for any data charges associated with the use of the Application. The Application may occasionally be restricted, interrupted or discontinued due to conditions including, but not limited to, application design, network coverage, government regulation, or other situations beyond PURE’s control.

Insurance Quotes and Coverages

All quotes generated by this site are estimates based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on this site are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to PURE. All applications are subject to underwriting review, including but not limited to all applicable underwriting guidelines, and approval. Coverages and availability may vary by state or province, and additional minimum coverage limits may be available in your state. For additional information, please contact your broker or PURE Member Services at 888-813-7873.

At this time, online quotes may not be available for all states or provinces, products, services or coverage selections. For additional information about products, services or coverage selections otherwise offered by PURE, please contact your broker or PURE Member Services at 888-813-7873.

The information provided on the Application is not intended to be a replacement for policy statements, premium billing, or other documents and records that are maintained by your insurance company. The description of each insurance policy on the Application is a summary only, and does not include all terms, conditions and exclusions of the policy described. Please refer to the actual policy for complete details of coverage and exclusions.

The information presented on this Application may not reflect recent payments or changes to coverage which may impact, among other information, the premium/amount due shown. For the most current information, please contact your broker or PURE Member Services at 888-813-7873 for assistance.

The products and services offered through the Application are only available in the jurisdictions in which PURE is properly licensed.

Online Claims Submissions

If you are a PURE customer, you may elect to report an insurance claim online via the Application where available. Your submission does not commit PURE to coverage for this loss. Information you submit regarding your insurance policy and the loss is subject to review and verification. PURE reserves all of its rights under the policy, including the right to request additional information prior to reaching a decision on the claim. A claim representative will be communicating with you regarding your claim. The use of this Application does not waive or modify any of the terms or conditions of the policy. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please contact PURE.

Payment Terms

If you elect to make payments on or through the Application, you agree to make all payments through a third-party service provider that PURE has engaged to accept and process credit card, debit card, ACH/bank account debit, and other types of payments (“Payment Partner”). You may be required to register with our Payment Partner to use some of the Application. PURE does not assume any liability for the actions or services of our Payment Partners, as described more fully below.

You acknowledge and agree that PURE is authorized, but not required, to act on payment instructions received from you or anyone using your account. You authorize PURE to:

• initiate payments from or debits against your financial account(s) periodically for the amount then due; and
• initiate any other payments or debits authorized by you or anyone using your account.

This authorization will remain in force until thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars. You acknowledge and agree that PURE may share your information, including information about your financial accounts, with our Payment Partners for this purpose. You should be aware that online payment transactions are subject to validation checks by our Payment Partners and your card issuer or financial institution, and we are not responsible if your card issuer or financial institution declines to authorize payment for any reason. For your protection, our Payment Partners use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize applicable Payment Partners to verify and authenticate your payment information. Please note, it is possible that your card issuer or financial institution may charge you an online handling fee or processing fee. PURE is not responsible for any such fee.

You understand and agree that no transaction, including without limitation the purchase of any insurance policy, is final until you receive a confirmation from PURE. Please print and save the confirmation displayed on the Application or otherwise provided to you after making a purchase.

Agreement to Engage in Electronic Transactions

We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Application. 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 Application, you acknowledge that you have read our applicable Communication and Document Delivery Agreement available at www.pureinsurance.com/legal#legal-notices, and agree to the terms and conditions set forth therein.

Termination

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Application with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the Application will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice. PURE, and our affiliates, licensors, and Third-Party Services will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application or to users.

DISCLAIMER OF WARRANTIES

THE APPLICATION IS PROVIDED TO “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PURE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PURE AND OUR THIRD-PARTY SERVICES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PURE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR:

A. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

B. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PURE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PURE, OUR AFFILIATES, AND ANY OF OUR/THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE APPLICATION OR YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE CONTENT YOU SUBMIT OR MAKE AVAILABLE THROUGH THIS APPLICATION.

Governing Law | Dispute Resolution

Notwithstanding anything to the contrary, this Agreement and your relationship with PURE hereunder shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and PURE agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any legal matter arising from this Agreement or your use of the Application. Notwithstanding the foregoing, you agree that PURE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You understand, acknowledge and agree that a printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement or your use of the Application to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Application-Related Claims

Subject to the terms and conditions contained in this Agreement, you and PURE acknowledge that PURE, and not any Application Marketplace Provider, is responsible for addressing any of your claims or the claims of any third party relating to the Application or your possession and/or use of the Application.

Third Party Beneficiary

You and PURE acknowledge and agree that the applicable Application Marketplace Provider and its subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, the applicable Application Marketplace Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

Export Regulation

The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.

Entire Agreement

This Agreement, together with the General Terms of Service and our Privacy Policy, constitute the entire agreement between you and PURE with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Developer Information | Contact Us

Privilege Underwriters Inc. is the developer of the Application. Any questions, complaints, or claims with respect to the Application or this Agreement should be directed to PURE at the contact information listed below:

U.S. Mail
Privilege Underwriters Inc.
Attn: Kirk Raslowsky, Senior Vice President
44 S. Broadway, Suite 301
White Plains, NY 10601

Email
[email protected]

Telephone
+1 914.992.0012

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[1] PURE® refers to Privilege Underwriters Reciprocal Exchange, a Florida-domiciled reciprocal insurer and member of PURE Group of Insurance Companies. PURE Risk Management, LLC, a for profit entity, (PRM) serves as PURE’s Attorney-In-Fact for a fee. PURE membership requires Subscriber’s Agreement. Coverage is subject to insurance policies issued & may not be available in all jurisdictions.