End User License Agreement (EULA)
BY DOWNLOADING, INSTALLING, AND/OR USING THIS LICENSED APPLICATION, YOU ACCEPT, EXPRESSLY CONSENT AND AGREE TO BE LEGALLY BOUND TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU AND INSHUR OR ANY OTHER THIRD PARTY. INSHUR IS SOLELY RESPONSIBLE FOR THIS LICENSED APPLICATION AND THE CONTENT THEREOF. IF YOU DO NOT COMPLETELY AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD THIS LICENSED APPLICATION OR USE IT IN ANY MANNER. IN CONSIDERATION OF INSHUR PROVIDING YOU ACCESS TO AND/OR USE OF THIS LICENSED APPLICATION, THE SUFFICIENCY OF WHICH CONSIDERATION IS HEREBY AGREED TO BY YOU AND INSHUR, THE PARTIES FURTHER AGREE AS FOLLOWS:
1) Electronic Delivery: You agree to have INSHUR electronically deliver to you documents, records, and information (“Documents”) and/or billing statements (“Bills”), until such time as either party modifies or cancels this Agreement. You will receive these electronic Documents and/or Bills instead of paper documents.
2) Paper Documents: At any time while this Agreement is effective, you may obtain a paper copy of a particular Document or Bill at no charge by calling INSHUR at 1-866-446-7487 and requesting a copy.
3) Document Access: You are responsible for accessing, opening, and reading your Documents or Bills. Electronic Documents and Bills have the same legal effect as printed ones. If you cannot access or read any Documents or Bills, you must contact INSHUR.
4) Use of App: You agree to use the INSHUR app for pricing and purchasing insurance for only yourself on vehicles that you have an insurable interest in. You are responsible for ensuring accuracy of all information used for quoting and policy coverage details.
5) Limited Use License: This license granted to you for the Licensed Application by INSHUR is limited to a non-exclusive, non-transferable license to use the Licensed Application on any mobile device that you own or control. This license does not allow you to use the Licensed Application on any mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of INSHUR and its licensors. If you breach this restriction, you may be subject to prosecution and damages. You may not use this Licensed Application in any anti-competitive manner, for any purpose which would be contrary to INSHUR’s business interest or to INSHUR’s actual or potential economic disadvantage in any aspect. All rights not specifically and expressly granted under this Agreement are reserved by INSHUR. This Licensed Application is licensed, not sold. Your license confers no title or ownership in this Licensed Application and should not be construed as a sale of any rights in this Licensed Application. The terms of the license will govern any upgrades provided by INSHUR that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
6) Ownership. All title, ownership rights, and intellectual property rights in and to this Licensed Application (including but not limited to any trademarks, titles, computer code, themes, objects, concepts, artwork, animation, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Licensed Application) are owned by INSHUR or its licensors. This Licensed Application is protected by the trade secret, patent, copyright laws of the United States, international copyright treaties and conventions and other laws. This Licensed Application contains certain licensed materials, and INSHUR’s licensors may also protect their rights in the event of any violation of this Agreement. The use of third-party trademarks herein is intended to denote interoperability and does not constitute: (i) an affiliation by INSHUR and its licensors with such company, or (ii) an endorsement or approval of such company of INSHUR and its licensors and its products or services.
8) Maintenance and Support: INSHUR is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement, or as required under applicable law.
9) Termination. The license is effective until terminated by you or INSHUR. Your rights under this license will terminate automatically without notice from INSHUR if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
10) Services; Third Party Materials. The license is effective until terminated by you or INSHUR. Your rights under this license will terminate automatically without notice from INSHUR if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
You agree that any Services contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that INSHUR is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on, or linked to from a mobile device are not available in all languages or in all countries. INSHUR makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. INSHUR and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will INSHUR be liable for the removal of or disabling of access to any such Services. INSHUR may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
11) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INSHUR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INSHUR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INSHUR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12) Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INSHUR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF INSHUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall INSHUR’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one dollar ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
13) Injunctive Relief. Because INSHUR would be irreparably damaged if the terms of this Agreement were not specifically enforced, You agree that INSHUR will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which INSHUR may have under applicable laws.
14) Indemnity.You agree to indemnify, defend, and hold INSHUR, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Licensed Application pursuant to the terms of this Agreement.
15) Developer Name and Address. INSHUR INC. is the developer of the Licensed Application. Any questions, complaints or claims with respect to the Licensed Application should be directed to:
287 10th Ave
New York, NY 10001
16) Miscellaneous. (a) This Agreement represents the complete agreement concerning the license of this Licensed Application between You and INSHUR and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter. (b) This Agreement may be amended only by INSHUR. (c) If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected. (d) This Agreement will be governed by the laws of the State of New York as such law is applied to agreements between New York residents entered into and to be performed entirely within New York, except as it may be governed by United States federal law. (e) You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, nor to any dispute or transaction arising hereunder or in connection herewith. (f) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (g) If this Agreement is translated into a language other than English, You agree that the English version will prevail to the extent of any discrepancy in meaning between the English version and its translation. (h) Except and only to the extent prohibited by applicable law, You agree that any and all disagreements, disputes, claims, mediation, arbitration, litigation, etc., related to this Agreement shall be conducted in the English language, including but in no way limited to all correspondence, requests, motions, notices, consents, requests for discovery, interrogatories, submissions, filings, pleadings, arguments, orders, and judgments.
17.) Insurance. INSHUR may present indicative quotes from insurance carriers we represent in the mobile app, email or via telephone. The indicative quotes are subject to full underwriting review by our staff and the insurance carrier and are in no way binding. Insurance policies and endorsements are not bound until we notify you in writing. You are required to submit a signed application of insurance, which we will make available to you, along with various underwriting documents. Our indicative quotes are based on the information we collect from you or other sources, and may be subject to adjustment from the carrier.
18.) Compensation. INSHUR INC. is an insurance producer licensed by the State of New York. Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers. INSHUR INC. may have access to more than one insurance company to place the purchaser’s coverage and may have authority to obligate the insurance company on the purchaser’s behalf and as a result is required to act within the scope of contractual agreements with the insurer. Compensation may be paid to INSHUR INC. by the insurer or other third party. Compensation may vary depending on a number of factors, including the insurer and the insurance contract the purchaser selects, the volume of business the producer places with the insurer, and the profitability of that business. The insurance purchaser may receive upon request information about the producer’s compensation on the policy or policies sold to the purchaser, as well as compensation information associated with any alternative policy quotes presented by the producer.
19.) Refund Policy. If we are unable to procure the insurance you have purchased through us, we will refund all payments made. Refunds can take up to 10 business days to process. If you request a refund after a policy has been issued, it may be subject to a short rate cancellation charge by the insurance company and a $50 processing fee.
Effective Date: December 22, 2016