Terms of Use

These Terms of Use, together with the Privacy Policy, and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.” This Agreement constitutes an agreement between you (“you”) and JERRY SERVICES, INC. dba JERRY FINANCIAL AND INSURANCE SERVICES (incorporated in the State of Delaware, hereinafter referred to as “Jerry,” “we,” or “us”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, product, services, and programs made available by Jerry (the “Services”). “You” and “Your” means the user of the Services. Your access and use of the Services constitutes your agreement to be bound by this Agreement, you are acknowledging that you have read, understood, and accept the Terms. Continued use of the Services constitutes your acceptance of any revisions to these Terms.

Limitations of Use

By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. The Services are offered only for your use, and not for the use or benefit of others. Your account may not be used for Services to be performed for another person. You agree to use the Services only for lawful purposes. You may not use the Services in any way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of this Services, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Services is strictly prohibited.

Collection and Use of Personal Information

Your use of the Services, including your application for the products and services offered through the Services, may involve the transmission to us of certain personally-identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy, which is hereby incorporated by reference in its entirety.

Your Use of the Services

User accounts. In order to use most aspects of the Services, you must register for and maintain a user account ("Account"). Account registration requires you to submit certain personal information, such as your name, email address, address, and/or mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Jerry.

Insurance products. Jerry is a licensed California insurance agency (Property & Casualty Broker-Agent license number 0L77682). Eligible individuals may purchase certain insurance products through the Services. Insurance products are only available to people in those jurisdictions in which they may be legally sold.

We do not provide forms of professional advice of the type that may require additional professional licensing, such as legal, medical, accounting, or tax advice. The Services does not contain any legal, regulatory, accounting, or tax advice, and you must rely solely upon your own advisors with respect to such advice. Further, the information we provide is not insurance advice. Any insurance purchasing decisions such as coverages (e.g., amounts), limits, and deductibles are solely the responsibility of the insured. Jerry is not responsible for determining the suitability of insurance coverages acquired through the Services.

Communications. You expressly consent and agree to receive communications from us, including via email, text message, calls, and push notifications, to the cellular telephone number you provided to us. The benefits of the products and services offered through the Services are available only by conducting business through the Internet, and therefore we need your consent to conduct business electronically. This section informs you of your rights when receiving electronic Communications. As used in this section, “we” or “us” refers not just to Jerry, but also Jerry’s agents, and affiliates. You agree that all Communications from us relating to the products and services, including insurance products, offered through the Services, may be provided or made available to you electronically by email, text, or at Jerry’s website or app(s). You further agree that we may accept an electronic signature from you, and that this electronic signature will have the same effect as a physical wet signature and will appear on all records related to the provision of any such products and services. Your consent also applies to all Communications and information that we receive from you. Your consent is voluntary and, if you consent, you still have the right to receive a free paper copy of any Communication by contacting us.

User content. You may submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, 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, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing and marketing products and/or services incorporating any User Content. 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 us 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 our 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 agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason or no reason, without notice to you.

Network access and devices. You are responsible for obtaining the compatible hardware or devices and data network access necessary to use the Services. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and we shall not be held liable for any such malfunction or delay.

Withdrawing consent. You may withdraw your consent to receive Communications electronically and to use an electronic signature at any time. To withdraw your consent to do business electronically, please send us a written notice by email (legal@getjerry.com) or U.S. mail (430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal).

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your Account, you may do so by sending us a written notice by email (legal@getjerry.com) or U.S. mail (430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal). All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, disclaimers, indemnity and limitations of liability.

Your Obligations and Authorizations

You do not need to register with us to visit and view Jerry’s website. However, to access certain password-protected areas of the Services and to apply for the products and services offered, you must register for an account. When registering for an account through the Services, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account. In order to access or use certain aspects of the Services, we may need your authorization to (i) collect information provided by you through the Services, including certain personal information, signatures, data, passwords, usernames, and other information, materials, and content necessary for us to provide the products and services offered through the Services to you, and (ii) retrieve and manage information of yours maintained by certain third-party institutions, including insurance companies, and third party administrators (“Your Data”). You hereby grant us a non-exclusive, royalty-free license under any applicable intellectual property rights to use Your Data solely in connection with the provision of the products and services offered through the Services.

You represent and warrant that Your Data that you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Services due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. In order to connect the Services with any third-party service, you hereby authorize us to: (i) store Your Data in accordance with applicable laws, (ii) use any signatures or other materials you provide us in order to provide you the products and services offered through the Services, (iii) gather and export from such third party service any data or other information reasonably necessary for us to provide the products and services offered through the Services to you, and (iv) otherwise take any action in connection with such third party service as reasonably necessary for us to provide the products and services offered through the Services to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. While the Services may be endorsed by the third-parties with whom Your Data is held from time to time, you should not assume that we are working directly with the third-party or that the third-party has sponsored or endorsed the Services or our interaction with the third-party’s services at your direction. You also understand you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for us or our authorized representatives to request and receive copies of consumer reports, scores, and related information about you from third parties. We or our authorized representatives may release information to our plan administrators, business affiliates, insurance companies, or others.

Third-Party Practices

This Services contains links to other websites or services that are not maintained by us. Unless otherwise stated, we make no warranties or representations regarding these websites or the products and services offered on them. We do not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.

Disclaimer

THE SERVICE ARE MADE BY US ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE JERRY SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE JERRY SERVICES WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE TO ANYONE; OR (IX) THAT THE JERRY SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. JERRY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR THEIR GOODS OR SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitations of Liability

YOU AGREE NOT TO HOLD JERRY (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, "MEMBERS")) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE JERRY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY JERRY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL JERRY OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JERRY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE JERRY SERVICES.

THE JERRY SERVICES CONNECTS USERS WITH THIRD PARTY PROVIDERS SUCH AS INSURANCE COMPANIES OR CARRIERS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE JERRY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDER IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE JERRY SERVICES, YOU USE THE JERRY SERVICES, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE JERRY SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT JERRY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED IN THE PREVIOUS 12 MONTHS.

BY USING THE JERRY SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE JERRY SERVICES.

California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

Indemnification. You hereby agree to indemnify, defend, and hold harmless Jerry and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Jerry Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; and (iv) your information and content that you submit or transmit through the Jerry Services. Jerry reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Jerry.

Dispute Resolution

Arbitration. Any dispute or claim relating in any way to your use of the Jerry Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Jerry’s Registered Agent/Legal Department, located at 430 Sherman Ave, Suite 305, Palo Alto, CA 94306. The arbitration will be conducted in Santa Clara, California, by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Jerry will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable law. By accessing or using the Jerry Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state, will govern these Terms of Use and any dispute of any sort that might arise between you and Jerry.

Other Provisions

General. You may not assign these Terms without Jerry's prior written approval. Jerry may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Jerry's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Jerry's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jerry in writing.

Complaints of copyright infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through the Jerry Services infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determines, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number and email address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Jerry's contact information for notice of alleged copyright infringement is via email: legal@getjerry.com. or via U.S. mail: Jerry Services, Inc, 430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal.

Notice. Jerry may give notice by means of a general notice through the Jerry Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Jerry, with such notice deemed given when received by Jerry, at any time by first class mail to Jerry Services, Inc., 430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal.

Contacting Us

If you have any questions regarding these Terms or our practices, please contact us by email (legal@getjerry.com) or by U.S. mail (430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal).

Last updated: June 21, 2017