USE OF THE APP IS INTENDED EXCLUSIVELY FOR INDIVIDUAL DRIVERS INSURED BY AUTO-OWNERS INSURANCE COMPANY OR AN AFFILIATED INSURANCE COMPANY WITHIN OR ASSOCIATED WITH THE AUTO-OWNERS INSURANCE GROUP OF COMPANIES THAT OFFERS THIS APP (COLLECTIVELY “A-O”, “AUTO-OWNERS”, “WE”, OR “US”) BY OR THROUGH OUR AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY “BUSINESS PARTNERS”). IN CERTAIN CASES, “WE’” OR “US” MAY INCLUDE OUR BUSINESS PARTNERS.
IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT AN INDIVIDUAL INSURED BY US, YOU MAY NOT ACCESS OR USE THE APP AND MUST UNINSTALL OR DELETE IT.
Using the App
You must provide and maintain the required information within the App and comply with all system requirements, including any minimum operating system and/or device requirements, including but not limited to those referenced in the TrueRide by Auto-Owners® Frequently Asked Questions (https://www.auto-owners.com/trueride/faq).
Registration: You will be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your continued access to and use of the App. You agree to use the App only for those purposes that are permitted by: (i) these Terms; and (ii) by applicable law, regulation or generally accepted practices in the relevant jurisdictions. You agree to: (a) provide true, accurate, current and complete information about yourself and communication methods when registering or as prompted by the App (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Auto-Owners has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Auto-Owners has the right to suspend or terminate your account or access to the App and refuse any and all current or future use of the App (or any portion thereof).
Use: You further acknowledge and agree to the following:
- You represent that you hold a valid driver's license, and are not a person barred from receiving the App under the laws of the United States or other applicable jurisdiction.
- You represent that you are not located in a country subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorism-supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties.
- You agree not to interfere with or disrupt the operation of the App.
- You agree not to make the App available over a network or other environment permitting access or use by multiple mobile devices at a time.
- You agree not to give your login or account information to any third party or otherwise transfer or assign your account information to a third party.
- You agree not to collect or harvest any personally identifiable information, including account names, from the App.
- You shall be authorized to use the App only for personal, non-commercial use in direct relation to an auto insurance policy issued by Auto-Owners.
- Auto-Owners has the right to continue to collect driving-related data for thirty days following any termination of our policy, including termination for non-payment of premium.
Your Account: As a registered user of the App, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Auto-Owners of any security breach of your Account. Auto-Owners shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for the activity that happens on or through your Account. You agree that Auto-Owners and/or its Business Partners may store and use your Registration Data for use in maintaining your Account. You agree that Auto-Owners and its Business Partners will have unlimited access to the data stored in your App Account regarding your driving practices. You agree to use the App only for lawfully acquired content and purposes. Any use for unlawful or illegitimate purposes or with content that infringes the rights of others may subject you to civil and criminal penalties, including possible monetary damages.
Safe and Lawful Use of the App: When using the App, you shall: (i) never actively utilize the App in any manner that will distract from and/or interfere with your driving; (ii) observe all traffic laws, driving safety laws and otherwise drive safely; (iii) not use the App for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with these Terms; and (iv) arrange all wireless devices and cables necessary for use of the App in a secure manner in your vehicle so that they will not interfere with and/or distract from your driving and will not prevent the operation of any safety device (including without limitation an airbag). In addition, do not use the App in any way that distracts you or prevents you from obeying traffic or safety laws.
Collection, Storage and Use of Information
Subject to these Terms, and any applicable laws and regulation, you hereby authorize and consent to the collection, storage, maintenance, processing, sharing, and use by and between Auto-Owners, its future affiliates and/or subsidiaries, Business Partners, and agents of any information and data related to or derived from your use or non-use of the App, and any information or data that you provide to Auto-Owners, its future affiliates and/or subsidiaries, Business Partners, and agents (“Information”). Information shall also include data such as time of day, your driving location, your driving distractions, your driving speed, your driving acceleration, your driving braking, and various other data gathered or collected electronically or by input through the use of the App. The Information collected may result in an adjustment of your premium, disqualify you from further use of this App or result in removal from the program.
Maintenance and Support
Auto-Owners and/or its Business Partners are responsible for providing maintenance and support services for the App. Neither Apple, Google nor any other third party hosting platform providers not affiliated with Auto-Owners has any obligation to provide maintenance or support services for your use of the App.
You agree that the App, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the App, contains proprietary information and material that is owned by the App developer and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the App in compliance with these Terms. No portion of the App may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App in any manner, and you shall not exploit the App in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of these Terms, Auto-Owners and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the App at any time without notice. In no event will Auto-Owners be liable for making these changes. Auto-Owners may also impose limits on the use of or access to certain features or portions of the App, in any case and without notice or liability.
THE USE OF THE APP OR ANY PART OF THE APP, EXCEPT FOR USE OF THE APP AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Termination by You: You may terminate these Terms at any time for any reason. In order to terminate, you must remove or uninstall the App from your mobile device and notify your independent Auto-Owners Insurance agent. If you terminate your use of this App, Auto-Owners reserves the right to re-calculate and adjust your premium owed for the remainder of the policy term.
Termination by Auto-Owners: Auto-Owners may block or suspend your access to the App or terminate these Terms and the rights afforded to you hereunder with or without prior notice, at any time, if you fail to comply with the terms and conditions of these Terms or for any reason whatsoever as allowed by law. Auto-Owners reserves the right to modify, suspend, or discontinue the App (or any part or content thereof) at any time with or without notice to you, and Auto-Owners, its Business Partners and agents will not be liable to you or to any third party should it exercise such rights. Upon termination of these Terms, you shall cease all use of the App and fully uninstall the App and any residual components of the App.
Survival: The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. AUTO-OWNERS AND ITS BUSINESS PARTNERS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE APP MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR COMPUTER OR DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS OR ACCESSORIES) CONNECTED THERETO. TO THE EXTENT PERMITTED BY LAW, AUTO-OWNERS SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APP.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AUTO-OWNERS OR ITS AFFILIATES OR DIRECTORS, OFFICERS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE APP INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OF THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AUTO-OWNERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AUTO-OWNERS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification and Waiver
YOU SHALL, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND HOLD HARMLESS AUTO-OWNERS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY CLAIM, PROCEEDING, LOSS, DAMAGE, FINE, PENALTY, INTEREST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, FEES FOR ATTORNEYS AND OTHER PROFESSIONAL ADVISORS) ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (I) YOUR ACCESS TO OR USE OF THE APP; (II) YOUR BREACH OF THESE TERMS; (III) YOUR VIOLATION OF LAW; (IV) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (V) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT OR TRADE SECRET OF ANY PERSON OR ENTITY. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THESE TERMS.
Governing Law and Venue: Unless otherwise required by laws or regulations applicable to the insurance you purchased in a state other than Michigan, these Terms shall be deemed to take place in the State of Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflicts of law principles, and any disputes arising from these Terms shall be adjudicated in the Western District of Michigan Federal District Court or in the Eaton County Courts in Michigan. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Contact Information and Notification: Please direct any questions, complaints or claims related to these Terms to Auto-Owners at TrueRide.Support@aoins.com. Auto-Owners reserves the right to send your notices regarding your use of this App via text message, email or letter. Notices shall become effective immediately.
Severability: If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
Waiver: Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. Auto-Owners will not be responsible for failure to fulfill any obligation due to causes beyond its control.
Export Control: You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction(s) in which the App was obtained.
Third Party Beneficiaries: With the exception of the Google Play Store and the Apple Store, the two current third party platform hosts for the App, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) or entities any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
Entire Agreement: These Terms, including the documents incorporated herein by reference, constitute the entire agreement with respect to the use of the App and supersede all prior or contemporaneous understandings regarding such subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Reservation of Rights: Auto-Owners and our Business Partners reserve the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that Auto-Owners and our Business Partners have the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Auto-Owners believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Auto-Owners right to cooperate with any legal process relating to your use of the App and/or a third-party claim that your use of the App is unlawful and/or infringes such third party's rights).