Last Modified: May 20, 2022
These Terms and Conditions (“Terms” or "Agreement") constitute a binding legal agreement between you and Just Insure, Inc. and its subsidiaries and affiliated companies (collectively, “Just Insure” or "Just" or “we” or “us” or “our”), the owner, operator and developer of the Just Insure website available at www.just.insure and all associated and linked sites (the “Sites”), any mobile applications, including the Just 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 Insure Services” or “Services”).
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION, YOU AGREE TO WAIVE ANY LAWSUIT OR OTHER LEGAL ACTION AGAINST US, INCLUDING PARTICIPATION IN ANY CLASS ACTION AGAINST US, AND WAIVER OF CLASS ACTION. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT FOR MORE INFORMATION AND OPT-OUT INSTRUCTIONS.
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 Insure (“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 Insure. 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 OF THIS AGREEMENT, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR ANY SERVICES.
Changes to this Agreement and Services
Just Insure 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.
We are excited to have you become a Customer! When you register for an account with our Services, you become an “Account Owner.”
To be eligible to register for an account with our Services, you represent and warrant:
Just Insure will not be responsible for any of the costs that you incur due to your usage of the Mobile App or other Just Insure 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.
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 Insure 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 Insure’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 Insure from and against any and all claims of any kind which you may have against Just Insure 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 Insure in its sole discretion, whether or not such material may be protected by law. Just Insure may, but shall not be obligated to, review, monitor, or remove User Content, at Just Insure’s sole discretion and at any time and for any reason, without notice to you.
Subject to your compliance with these Terms, Just Insure grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile App on a mobile device that you own or control and to run such copy of the Mobile 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 or Google Play (an “App Store Sourced Application”), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the Apple App Store or Google Play 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 Insure and not with the App Store. Just Insure, 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 Mobile 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 Mobile 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 Mobile 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.
Relationship with Just Insure.
As a User of our Services, you acknowledge and agree that you and Just Insure 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 Insure expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Just Insure; 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 Insure, and you undertake not to hold yourself out as an employee, agent or authorized representative of Just Insure.
Just Insure 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 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 Mobile App. You acknowledge and agree that you have complete discretion to use the Mobile App.
Changes to the Just App.
You understand that the Just App is evolving. As a result, Just Insure 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 Insure 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.
Legal Restrictions on Access and Use of the Services
While the Just Insure 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 Insure’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.
All right, title and interest in the Services and Content provided through the Services are owned by Just Insure, 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:
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.
Just Insure’s Intellectual Property
Just Insure 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 Insure 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 Insure. Just Insure, and its affiliates and licensors and suppliers, reserve all rights not granted in this Agreement.
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 Insure does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Just Insure 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 Insure does not waive any rights to use similar or related feedback or ideas known to Just Insure, developed by Just Insure’s employees, or obtained from other sources.
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 compensation 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 cellular connection as a result of reasons associated with your mobile carrier’s or Internet Service Provider’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.
You must provide all required conditions as indicated by Just Insure and continue to provide required conditions throughout the policy period such as:
Failure to comply with these required conditions throughout the policy period as requested by Just Insure may result in midterm cancellation, the inability to purchase a new policy with Just Insure or additional charges.
You agree to supply Just Insure with information about your driving, so that the correct charges can be applied to your account. If you do not supply this information, through either deletion of the app, not recording your trips, or the failure to take odometer photos when prompted, then Just Insure is authorized to do the following:
It is your duty to provide a true, clear, legible, and accurate odometer photo from the insured vehicle as requested by Just Insure during your policy period. If the odometer photo provided is not true, clear, legible, and accurate, Just Insure reserves the right to request a retake of the odometer photo. The odometer photo provided at the beginning of your policy period shall be considered your initial baseline odometer photo from which future mileage reconciliation for trips will be based upon. Other odometer photo(s) provided shall be considered subsequent odometer photo(s) from which future mileage reconciliation for trips will be based upon. Odometer photo(s) provided at the end of or after your policy period shall be considered the final odometer photo(s) from which mileage reconciliation will be based upon. Odometer photo(s) should only be taken within the insured vehicle when it is safe and legal to do so. Initial odometer photos received upon purchase of any subsequent policy period may be used as the final odometer photo for the prior policy period.
If at the end of the policy period, you do not take a true, clear, legible, and accurate photo of the odometer for the vehicle insured, you will have 30 days from the expiration of your policy to provide Just Insure with an acceptable odometer photo. Just Insure will then refund all unearned premium, if any.
You agree that every odometer photo you provide to Just Insure may be used for mileage reconciliation and billing adjustment purposes by Just Insure. Odometer mileage reconciliation may also be used as a factor in determining your price-per-mile for future insurance policies you may purchase from Just Insure.
Just Insure will use the odometer photo provided to charge or credit your account for all miles driven by all drivers of the insured vehicle. The odometer photos you provide throughout the coverage period and/or within thirty days after the coverage period terminates, including in connection with the purchase of a new policy, will be used to reconcile any mileage differences that may arise in connection with your tracked trips during the policy period. Any mileage difference will result in charges or credits to your account applicable to the policy period.
If you have purchased Comprehensive and/or Collision coverage, you are responsible for taking photos of your vehicle at the start of your policy and uploaded through the mobile application. Any initial damage should be noted in the photos taken at the start of your policy. Any damage already existing prior to the start of your policy and noted in the photos taken at the start of your policy will not be covered by any subsequent damage claims reported.
Driver Information/Driving History
Please review the driver information carefully because driving history is used to determine your per-mile premium rate. If an accident occurs and you are at‐fault, it will be chargeable unless we receive additional information from you or another source that establishes that you were not‐at‐fault for the accident. We obtain driving history from the following sources: information you provide through the mobile application, claims history, Motor Vehicle Reports and/or court data provided by a consumer reporting agency, and other information provided by a consumer reporting agency.
It is your duty to provide true, clear, legible, and accurate driver license photos of the driver(s) insured on the policy as requested by Just Insure before, during, and after your policy period. If the driver license photos provided are not true, clear, legible, and accurate, Just Insure reserves the right to request a retake of the driver license photos. Driver license photos will be used to obtain information about your driving history and your driver information which will be used to calculate your insurance rate.
Automatic Trip Detection
Trips will be automatically tracked once your phone detects motor vehicle movement. A daily record of your trips will be provided in the mobile app. It is your responsibility to indicate any difference in miles driven by providing an odometer photo of the insured vehicle. This is an important distinction for accuracy as the auto tracked mileage trips will factor into distance and price-per-mile. The information you provide to Just Insure via odometer photo(s), any connected car integrations, any dealership installed devices in the insured vehicle, and automatic/manual trip tracking will be factored into your trips. The cost per trip will be deducted from your account.
Automatically tracked information is information used to track movement inside of the motor vehicle. All efforts will be made to ensure only movement inside of the motor vehicle will be automatically tracked. If at any time movement outside of the motor vehicle is inadvertently tracked, please contact us immediately.
You may contact Just Insure for any actual mileage disputes. Just Insure will investigate the dispute and will endeavor to resolve the dispute within seven days of the dispute being raised. If any money is owed to you it will be credited to your account after the dispute is settled. If any money is owed to Just Insure, the amount will be invoiced to you after the dispute is settled.
Manual Trip Recording
It is your responsibility to start and stop mileage trips to accurately factor distance and price-per-mile. The information you provide to Just Insure via odometer photo(s), any connected car integrations, any dealership installed devices in the insured vehicle, and automatic/manual trip tracking will be factored into your trips. The cost per trip will be deducted from your account.
You may contact Just Insure for any actual mileage disputes. Just Insure will investigate the dispute and will endeavor to resolve the dispute within seven days of the dispute being raised. If any money is owed to you it will be credited to your account after the dispute is settled. If any money is owed to Just Insure, the amount will be invoiced to you after the dispute is settled.
When you select which Bluetooth device is the insured vehicle, Just Insure will use that Bluetooth device signal to identify that your insured vehicle is being driven. Just Insure may use that Bluetooth detection to assist with automatic trip detection, manual trip recording, mileage reconciliation, billing adjustments and pricing for future insurance policies you may purchase from Just Insure.
Connected Car Integrations
You agree to use Just Insure’s mobile app integration with connected cars to allow Just Insure to verify miles driven in the insured vehicle, insured vehicle garaging location(s), and VIN(s) from the insured vehicle(s). You agree that information collected from the connected car integration may be used for mileage reconciliation and billing adjustments by Just Insure. Information collected from the connected car integration may also be used to determine your price-per-mile for future insurance policies you may purchase from Just Insure.
Opting-in to the connected car integration using Just Insure’s mobile app will require you to agree to additional Third Party Services terms and conditions, warranties, or other policies. This Agreement or any other Just Insure 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.
If you have previously agreed to connected car integration, the connected car integration will continue to connect automatically upon the purchase of a new policy with Just Insure as part of your opt-in.
Just Insure reserves the right to continue to request odometer photos subject to the Odometer section of this Agreement. Item 11.xix and item 3 bullet 11 of these terms and conditions still apply.
By enrolling in automated payments (“Automatic Payments”), you authorize Just Insure and its service providers to initiate payments for your insurance coverage from the credit card, debit card or any other form of payment linked to your account (“Payment Account”). You represent and affirm that you are an authorized signer on the Payment Account. Through the Automatic Payments function in the Mobile App you must select an amount not less than $30 to automatically refill your account when the balance of your account reaches zero or is negative. You agree to enroll in Automatic Payments in order to obtain an insurance policy with Just Insure. You can cancel Automatic Payments any time after purchasing an insurance policy by contacting us directly either by phone, by chat, or by email. Please be advised it may take 72 hours to disable the Automatic Payments function.
You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option. You must update all changes to your Payment Account through the Mobile App or by contacting Just Insure. If you do not update your checking/savings account or credit/debit card information and Just Insure is unable to charge your credit card or withdraw funds from your Payment Account for the amount due on your account, you may be subject to applicable late fees and any fees or charges assessed by your financial institution. In addition, failure to make any premium payments when due may result in midterm cancellation and/or the inability to purchase a new policy with Just Insure.
We reserve the right to cancel your enrollment in Automatic Payments at any time and for any reason, including excessive returned payments. If Automatic Payments is cancelled, you understand that you will be responsible for making your payments by another payment method. Terminating Automatic Payments does not affect your duty to pay any amount due and owing under your insurance policy.
Billing and Payment
I understand any insurance policy issued to me by Just Insure may be rescinded and no coverage provided if my initial payment, paid by credit card or debit card, or any other form of payment Just Insure accepts, is rejected or not honored. I understand my payments are first applied to the fees owed and then to the premium.
The Mobile App may allow you to make payments for the Services from your mobile device. In doing so, we may use a third-party payment service to bill you through an online account for your payment or for the purchase of products or services. By submitting your payment account information, you grant us the right to store and process your information with the third-party payment service and for us to store any identification token provided by the third-party payment service. You agree that we will not be responsible for any failures of the third party to adequately protect such information.
The processing of payments will be subject to the terms, conditions and privacy policies of such third-party payment service in addition to these Terms and Conditions. You further acknowledge that future payments may be processed on your behalf automatically per the terms of the product or services purchased. You acknowledge that we may change the third-party payment service and transition your information to a new service provider. If such a transition occurs, we will encrypt your information using secure socket layer technology (SSL) or other comparable security technology. Additionally, you will be notified before any of your information is transferred to the new third-party service.
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 Insure (“Third Party Services”). A description or link to Third Party Services does not imply an endorsement by Just Insure of the Third Party Services.
Just Insure 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 Insure 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 Insure 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.
In connection with an insurance rate quote and/or application and any new insurance policy, you authorize us to obtain, use, and store information from a third party to determine information about you and/or your vehicle including but not limited to: VIN, driver license, driving record, claim history, address, other drivers in household, and/or court data. We may use a third party in connection with the development of your rate quote.
Contests, Sweepstakes and Promotions
Just Insure has certain technical, administrative, and physical security measures in place to protect your personal information. However, Just Insure’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].
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JUST INSURE, 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 INSURE’S OWN WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT BY JUST INSURE OR TO ANY RIGHTS, CLAIMS OR OBLIGATION ARISING OUT OF ANY INSURANCE POLICY ISSUED BY JUST INSURE.
JUST INSURE 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 INSURE 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.
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 INSURE, 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 THE COST OF SERVICES. JUST INSURE DISCLAIMS ALL LIABILITY OF ANY KIND OF JUST INSURE'S LICENSORS AND SUPPLIERS.
THIS SECTION SHALL APPLY EVEN IF JUST INSURE 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 INSURE.
NOTWITHSTANDING THE FOREGOING, SUCH LIMITATIONS SHALL NOT APPLY TO ANY CLAIMS, RIGHTS OR OBLIGATIONS ARISING DIRECTLY OUT OF ANY INSURANCE POLICY ISSUED BY JUST INSURE.
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 Insure or persons employed or engaged by Just Insure 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 Arizona.
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 Insure within 30 days of the date of your acceptance of this Agreement, or 30 days after Just Insure 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 Insure account email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with Just Insure through arbitration. Your notice to opt-out of arbitration only applies to this Agreement; if you previously entered into other arbitration agreements with Just Insure 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 Insure. 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.
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 Insure. 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 Arizona, without regard to provisions of conflicts of law. Subject to the Agreement on Binding Arbitration, above, any lawsuit arising from or related to this Agreement shall be brought exclusively before the state courts of Maricopa County in the State of Arizona or the United States District Court for the Arizona located in Phoenix, Arizona, 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.
The section titles in this Agreement are for your convenience only and have no legal or contractual effect.
You may not assign or delegate any rights or obligations under this Agreement, and any such attempts will be ineffective. Just Insure 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.
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 Insure is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
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 Services or contact us at [email protected].
h. Conflict with Insurance Policies
In the event of any conflict between these Terms and Conditions and the provisions of any insurance policy issued by Just Insure, the terms of the insurance policy shall control.
i. 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.