Terms and Conditions

Last Modified: April 12, 2019

These Terms and Conditions (“Terms” or "Agreement") constitute a binding legal agreement between you and Just Auto Insurance Company Inc. and its subsidiaries and affiliated companies (collectively, “Just Auto Insurance”, “we” or “us” or “our”), the owner, operator and developer of the Just Auto Insurance website available at www.just.insure and all associated and linked sites (the “Sites”), any mobile applications, including the Smiles App, that may be downloaded on your device to access our services (the “Mobile App” or “App”), and all associated digital goods and services (collectively, “Just Auto nsurance Services” or “Services”).

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND WAIVER OF CLASS ACTION AND JURY RIGHTS. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT FOR MORE INFORMATION AND OPT-OUT INSTRUCTIONS.

  1. Acceptance

Please read this Agreement carefully before accessing, using or registering for the Services. Any person or entity accessing, using, or registering for any Services provided by Just Auto Insurance (“Customer” or “you”) agrees to be bound or to bind the entity they represent by the terms set forth in this Agreement. All rights not expressly granted herein are reserved by Just Auto Insurance. You represent and warrant that you have the right, authority and capacity to accept and agree to this Agreement on behalf of yourself or the entity that you represent.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR ANY SERVICES.

Your use, access or registration to the Services is also governed by our Privacy Policy, incorporated herein by reference. Please review the Privacy Policy to understand how we collect, use, disclose and protect your personal information.

  1. Changes to this Agreement and Services

Just Auto Insurance reserves the right to change or modify this Agreement at any time by updating this page. If we make a material change to this Agreement, we may provide notice to you to the email address we have on file or using “just in time” disclosures on the Services. By continuing to use the Services after those changes become effective, you agree to be bound by the revised Agreement. To find out when we last updated this Agreement, please refer to the date listed after “Last Modified” at the top of this Agreement.

You understand that we are always improving and working on our Services, which means our Services may change over time. We may modify, suspend or discontinue any part of the Services, or introduce new features or restrictions on part or all of the Services. We also reserve the right to remove any Content (defined below), features, or pages for any reason, in our sole discretion, and without notice to you. You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of the Services or any part thereof.

  1. Account Registration

We are excited to have you become a Customer! When you register for an account with our Services, you become an “Account Owner.”

You may register for an Account either by directly registering your email with the Service or by logging in through your account on Facebook, Google, Twitter, or other compatible Social Media Service . If you choose to register using your Social Media Service account, you grant us permission to access and use certain information that you make available through the applicable Social Media Service, in accordance with our privacy policy and the privacy settings of your Social Media Service account. Please visit our Privacy Policy for more details.

To be eligible to register for an account with our Services, you represent and warrant:

· You have legal capacity to form a binding contract with Just Auto Insurance;

· You are at least 18 years old;

· Your use and access of the Services will not violate any applicable laws or regulations;

· You will provide us with information that is accurate, complete, and current at all times;

· You agree to be fully responsible for all actions taken on your account;

· You will be responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service;

· You will notify us immediately upon becoming aware of any breach of security or unauthorized use of your account; and,

· You will not use as a username the name of another person or entity that you do not have the right to use, or the name of a person or entity with the intent to impersonate that person or entity.

Just Auto Insurance is not liable for any loss or damage arising or resulting from your failure to comply with the above requirements. In addition, failure to meet any of the eligibility requirements listed above constitutes a breach of this Agreement, which may result in immediate termination of your account on our Service.

  1. The Smiles / Just Earn Program

As an Account Owner, you may participate in our Smiles / Just Earn Program available on our Smiles Mobile App. Participants in our Smiles / Just Earn Program will be compensated in exchange for allowing Just Auto Insurance to track their driving related activities.

a. Eligibility.

To participate in our Smiles / Just Earn Program, you must satisfy the following requirements:

i. Be at least 18 years of age;

ii. Have a valid and current driver’s license and are authorized and medically fit to operate a motor vehicle in your jurisdiction;

iii. Have access to a motor vehicle that is compliant with the laws in your jurisdiction, including vehicle registration and insurance laws; and

iv. Have a mobile device, such as a mobile smartphone or network-connected tablet, which meets the specifications of our Mobile App.

Just Auto Insurance may use a third party to verify that you meet the above eligibility requirements.

b. Participation.

As a participant of the Smiles / Just Earn Program, you agree to allow Just Auto Insurance to track your driving mileage and other information related to your trip whenever you press the “Start Trip” button on the Smiles App’s dashboard to indicate the start of your trip, until you press the “Stop Trip” button to indicate the end of your trip. You can view your completed trips in the “Journeys” section of the dashboard. By participating in the Smiles / Just Earn program, you agree that Just Auto Insurance may retain your driving mileage and other information related to your trip and use it for research and development purposes, as well as any other purpose stated in the Privacy Policy.

Just Auto Insurance will not be responsible for any of the costs that you incur due to your participation in the Smiles / Just Earn Program or your usage of the Smiles App or other Just Auto Insurance Services. You acknowledge that you are fully responsible for any costs associated with driving a motor vehicle, including gas or vehicle maintenance costs, as well as any data rates or other fees that may be charged by your mobile carrier.

You are responsible for the use of your Account and we expressly disclaim any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify us immediately.

c. Geolocation Data.

We collect location information from the GPS functionality on your device. You hereby authorize us and our Smiles App to take such actions and access and use such location information to provide and improve the Just Auto Insurance Services and as otherwise set forth in our Privacy Policy. You can grant or revoke your consent at any time and prevent us from continuing to access your location information by changing the settings on your mobile device, but doing so will eliminate your ability to use our Services. You hereby authorize the Application to access such components of your mobile device.

d. Your Content.

When you use the Smiles App, Just Auto Insurance will be uploading, submitting, storing or otherwise make available to Just Auto Insurance through the App textual, audio and or visual content and information (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Just Auto Insurance, you grant Just Auto Insurance a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, 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 (including in connection with the Services and Just Auto Insurance’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of further payment to you or any other person or entity, other than that described in this Agreement.

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 Just Auto Insurance 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 Just Auto Insurance’s 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 release Just Auto Insurance from and against any and all claims of any kind which you may have against Just Auto Insurance in connection with such use of User Content as described herein, including, but not limited to, those based on rights of publicity or privacy.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Just Auto Insurance in its sole discretion, whether or not such material may be protected by law. Just Auto Insurance may, but shall not be obligated to, review, monitor, or remove User Content, at Just Auto Insurance’s sole discretion and at any time and for any reason, without notice to you.

e. Compensation.

In exchange for allowing Just Auto Insurance to track your driving related activities, Just Auto Insurance agrees to compensate you at the rate of $0.03 (USD) per mile, or $3.00 per 100 miles of accumulated driving mileage. Just Auto Insurance reserves the right to change the rate of compensation from time to time.

f. Payments.

Once you have accumulated a balance of at least $25.00, you may choose to cash out by accessing the “Payments” section of your dashboard. To be compensated for your driving mileage, you must separately register for an account with an accepted payment processor. Payments may take 3-5 business days to process. For information about the payment processor’s services, please check their terms and conditions and privacy policy.

In our sole discretion, we may modify, suspend, terminate, or change the Smiles / Just Earn Program at any time. If we terminate the Smiles / Just Earn Program, we may in our discretion automatically cash out any participants that have accumulated a balance of at least $10.00 at the time of termination.

g. License .

Subject to your compliance with these Terms, Just Auto Insurance grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Smiles App on a mobile device that you own or control and to run such copy of the Smiles App solely to access the Services for your own internal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or the Google Play Store (“App Store”). You acknowledge that these Terms are between you and Just Auto Insurance and not with the App Store. Just Auto Insurance, not the App Store, is solely responsible for the Services and the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. In order to use the Smiles App, you must have access to the internet, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the Smiles App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Smiles App. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.

h. Relationship with Just Auto Insurance.

As a Participant in the Smiles / Just Earn Program, you acknowledge and agree that you and Just Auto Insurance are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Just Auto Insurance expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Just Auto Insurance; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Just Auto Insurance, and you undertake not to hold yourself out as an employee, agent or authorized representative of Just Auto Insurance.

Just Auto Insurance does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Smiles App. You acknowledge and agree that you have complete discretion to use the Smiles App.

i. Changes to the Smiles App.

You understand that the Smiles App are evolving. As a result, Just Auto Insurance may require you to accept updates to the App or other software that you have installed on your mobile device. You acknowledge and agree that Just Auto Insurance may update the App with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the App.

  1. Legal Restrictions on Access and Use of the Services

While the Just Auto Insurance Services are intended for your personal enjoyment and household use, there may be laws or regulations where you live that impose certain responsibilities on you and your use of our Services. As an Account Owner, you are responsible for your use of the Services. You agree that it is not Just Auto Insurance’s responsibility to ensure your use of the Services comply with applicable laws and regulations, including, but not limited to:

i. Any laws or regulations that require you to have a license to drive a motor vehicle; and/or

ii. Any laws or regulations that require you to register or insure your motor vehicle; and

iii. Any laws or regulations that apply to your operation of a motor vehicle, including traffic laws and restrictions on the use of mobile devices while driving.

If your use or access of our Services does not comply with applicable laws or these Terms, you are prohibited from using or accessing our Services. We may terminate or suspend your use or access to our Services, in our sole discretion, for any reason, at any time, and without notice. We have the sole right to determine whether you are in breach of any terms contained in this Agreement.

  1. Acceptable Use

All right, title and interest in the Services and Content provided through the Services are owned by Just Auto Insurance, its licensors, or designated third parties. We provide you with a limited, non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services for your personal, non-commercial use.

The rights granted to you in this Agreement are subject to the following restrictions:

i. You may not violate any laws, regulations, guidelines or ordinances, including data protection laws, driver registration or licensing, or any other laws referenced above;

ii. You will not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services;

iii. You will not attempt to obtain the password, account or other security information from any other Account Owner or Authorized User on our Services;

iv. You will not compromise the security of your account or any other account on the Just Auto Insurance Services;

v. You will not engage in conduct that is harmful, deceptive, threatening, harassing, vulgar, defamatory, obscene, fraudulent or otherwise objectionable or questionable;

vi. You will not interfere with, disrupt, violate or attempt to gain unauthorized access to any computer network or servers connected to the Services or violate the regulations, policies or procedures of such networks;

vii. You will not copy, store, reproduce, distribute, republish, download, display, post or transmit any part of the Services or Content provided via our Services, except as permitted by Just Auto Insurance in writing;

viii. You will not infringe or violate the intellectual property rights or any other rights of another person or entity, including Just Auto Insurance;

ix. You will not engage in conduct that may result in “spam” or any form of auto-responder on the Services, or processes that run or activate while you are not logged into the Services;

x. You will not modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services;

xi. You will not access or use the Services for purposes of building a competitive or similar product or service;

xii. You will not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handled mobile device, data, the Services, or any other system, device or property;

xiii. You will not interfere with the proper working of the Services, including any unreasonable load on the Services’ infrastructure;

xiv. You will only access or attempt to access the Services through the methods or means provided by Just Auto Insurance;

xv. You will not remove, obscure or modify any proprietary rights notices (including copyrights and trademark notices) that may be provided by or in connection with the Services;

xvi. You will not sue the Services for the purpose of soliciting, selling, or offering services, merchandise, or products; and/or,

xvii. You will not “crawl,” “scrape” or use “spiders” on any page, data, or portion of or relating to the Services, whether by automated or manual means.

Your failure to abide by the foregoing may result in the termination or suspension of your use or access to our Services, in our sole discretion, for any reason, at any time, and without notice. We have the sole right to determine whether you are in breach of any terms contained in this Agreement.

  1. Just Auto Insurance’s Intellectual Property

Just Auto Insurance owns and retains all proprietary rights to the Services, its trademarks, copyrights, trade secrets, and/or patents, whether registered or not, and all other trademarks and trade names are the property of their respective owners. The Services are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services.

Nothing on or in the Services shall be construed as conferring any other license to you or your Authorized Users under any intellectual property right, including any right in the nature of trademark, patent, trade secret or copyright, of Just Auto Insurance or any third party, whether by estoppel, implication or otherwise. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the trademarks, copyrights, proprietary information or intellectual property of Just Auto Insurance. Just Auto Insurance, and its affiliates and licensors and suppliers, reserve all rights not granted in this Agreement.

  1. Feedback

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and Just Auto Insurance does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Just Auto Insurance the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. Just Auto Insurance does not waive any rights to use similar or related feedback or ideas known to Just Auto Insurance, developed by Just Auto Insurance’s employees, or obtained from other sources.

9. Intended Use and Reliability of Services

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any compensations related to such Service Interruptions. We do not offer a service level or uptime guarantee with our Services.

You may also experience interruptions or issues in accessing our Services for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan We cannot and do not guarantee that you will receive timely or accurate notifications through our Services, to the extent you enable such features, nor that we will maintain and store your data. You are solely responsible for maintaining and storing any backups of your trip information outside of the Services to avoid any loss of such data.

You acknowledge that the availability of our Services is dependent on your Internet Service Provider (“ISP”), your mobile carrier, and your mobile device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.

  1. Third Party Links and Services

Our Services may contain links or access to third-party web sites or services that are not owned or controlled by Just Auto Insurance (“Third Party Services”). A description or link to Third Party Services does not imply an endorsement by Just Auto Insurance of the Third Party Services.

Just Auto Insurance has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Services. You further acknowledge and agree that Just Auto Insurance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Services.

You may be required to agree to additional Third Party Services terms and conditions, warranties, or other policies. This Agreement or any other Just Auto Insurance agreements with you do not apply to your access or use of Third Party Services. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Services that you access or use.

11. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules shall apply.

12. Security

Just Auto Insurance has certain technical, administrative, and physical security measures in place to protect your personal information. However, Just Auto Insurance’s Services are provided over the Internet and we cannot guarantee that your personal information will not be accessed, used or disclosed by unauthorized third parties. In addition, you are also responsible for the security of your personal information on our Services. You should ensure that any wireless Internet connections you use for the Mobile App or other Services are secure and only share your account information with third parties you trust. If you believe that the security of your personal information on our Services has been compromised, please contact us immediately at [email protected]

13. Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JUST AUTO INSURANCE, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSEES, FOR ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, LEGAL FEES, AWARDS OR SETTLEMENTS) RELATING TO OR ARISING OUT OF YOUR OR YOUR AUTHORIZED USERS’ USE OF THE SERVICES, AND INCLUDING ANY BREACH BY YOU OF THE TERMS CONTAINED IN THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THIS INDEMNIFICATION SHALL NOT APPLY TO CLAIMS BASED ON JUST AUTO INSURANCE’S OWN WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT BY JUST AUTO INSURANCE.

14. Warranty Disclaimer

JUST AUTO INSURANCE PROVIDES THE SERVICES ON AN "AS IS" BASIS AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. JUST AUTO INSURANCE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, BE SECURE, BE UNINTERRUPTED, BE ERROR FREE, MEET YOUR REQUIREMENTS, BE FREE OF ANY DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. SOME OR ALL OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE.

15. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL JUST AUTO INSURANCE, ITS OFFICERS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES, BE (A) LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, SAVINGS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND (B) HAVE TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED FIVE DOLLARS ($5.00). JUST AUTO INSURANCE DISCLAIMS ALL LIABILITY OF ANY KIND OF JUST AUTO INSURANCE'S LICENSORS AND SUPPLIERS.

THIS SECTION SHALL APPLY EVEN IF JUST AUTO INSURANCE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OF LIABILITY.

FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF JUST AUTO INSURANCE.

16. Dispute Resolution and Waiver of Class Action and Jury Rights

a. Agreement to Binding Arbitration.

You understand and agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the parties’ relationship with each other and/or your use of and access to the Services, including, but not limited to, claims as to whether any services rendered by Just Auto Insurance or persons employed or engaged by Just Auto Insurance were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of AAA’s Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, excluding any rules or procedures governing or permitting class actions, and not by a lawsuit or resort to court process, except as California or any other applicable state law provides for judicial review of arbitration proceedings. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including, but not limited to any claim that all or any part of this agreement is void or voidable. You agree that any arbitration shall be held in California.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.

b. Class Action and Class Arbitration Waiver.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the agreement to arbitrate set forth in this section shall be deemed null and void and the parties shall be deemed to have not agreed to arbitrate disputes.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

You may cancel this agreement to arbitrate by giving written notice to Just Auto Insurance within 30 days of the date of your acceptance of this Agreement, or 30 days after Just Auto Insurance provides notice of material changes made to this section of this Agreement. You should send your cancellation notice to [email protected] with the following information: (i) your name, (ii) your Just Auto Insurance account email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with Just Auto Insurance through arbitration. Your notice to opt-out of arbitration only applies to this Agreement; if you previously entered into other arbitration agreements with Just Auto Insurance or enter into other such agreements in the future, your notification that you are opting out of the arbitration terms of this Agreement shall not affect the other arbitration agreements between you and Just Auto Insurance. Should you choose to withdraw from the arbitration provision, all other provisions of this Agreement shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of San Francisco County in the State of California or the United States District Court for the Northern District of California located in San Francisco, California, and waive any objection to such jurisdiction or venue.

17. General

a. Entire Agreement

This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the parties with respect to any Services provided by Just Auto Insurance. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Services, use or access the services, content or software of our affiliates, third parties or collaborating partners, or enter our sweepstakes, promotions, or contests.

b. Governing Law

Except to the extent a claim or dispute is preempted by U.S. federal law, any claim or dispute arising from or relating to this Agreement is governed by the laws of the State of California, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the state courts of San Francisco County in the State of California or the United States District Court for the Northern District of California located in San Francisco, California, and you hereby agree to the jurisdiction of that court, unless such claim or dispute is required to be arbitrated as set forth in an above section.

c. Headings

The section titles in this Agreement are for your convenience only and have no legal or contractual effect.

d. Assignment

You may not assign or delegate any rights or obligations under this Agreement, and any such attempts will be ineffective. Just Auto Insurance can freely assign or delegate all rights and obligations under this Agreement in part or in its entirety without notice to you.

e. Severability and Waiver

A failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

f. Notifications

We may provide notifications to you as required or permitted by law via email to the primary email address associated with the Account Owner, mobile notification, hard copy or posting of such notice on our Services. Just Auto Insurance is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

g. Termination

This Agreement will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with provisions of this Agreement. We may terminate or suspend your use, access or account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.

If you transfer the Services to another owner, your right to use our Services immediately terminates with respect to the transferred Services. The new owner shall have no right to use the Services as your Account Owner and will need to register as a separate Account Owner and accept this Agreement.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us at [email protected].

h. Contact Us

If you have any question about this Agreement, please contact us at [email protected] or by visiting the “Contact” page on our website.