Terms of Use

Last updated on 07/26/2021

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Welcome to the website operated by Roamly Insurance Group, LLC (“Roamly,” “we,” “us,” or “our”). This Website (the “Roamly Website” or the “Website”) provides general information about Roamly and its products and services. All uses of the Roamly Website are subject to the following terms and conditions of use (these “Terms of Use”). Please read these Terms of Use carefully before accessing or using any part of the Roamly Website.

By accessing or using the Roamly Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Roamly Privacy Statement, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of the Roamly Website.

Roamly reserves the right, at its sole discretion, to revise and update these Terms of Use at any time without prior notice by posting the amended terms to the Roamly Website. By continuing to use the Roamly Website, you are indicating that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Roamly Website, your sole and exclusive remedy is to cease using the Roamly Website.

USE OF THE WEBSITE

You agree to use the Roamly Website only for lawful purposes.

Specifically you agree not to do any of the following:

  1. upload to or transmit on the Roamly Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;

  2. use the Roamly Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;

  3. intercept or attempt to intercept electronic mail not intended for you;

  4. misrepresent an affiliation with any person or organization;

  5. upload to or transmit on the Roamly Website any advertisements or solicitations of business;

  6. restrict or inhibit use of the Roamly Website by others;

  7. upload or otherwise transmit files that contain a virus or corrupted data;

  8. collect information about others (including email addresses) without their consent; download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Roamly Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Roamly Website);

  9. post “spam” or engage in other similar activities; or

  10. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Roamly Website, or which, as determined by Roamly, may harm Roamly or users of the Roamly Website or expose them to liability.

Roamly reserves the right, at its sole discretion, to remove what it considers to be objectionable for any reason. However, Roamly can neither review all material before it is posted on the Roamly Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Roamly assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Roamly reserves the right to take any action it deems necessary to protect the personal safety of users of the Roamly Website and the public; however, Roamly has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

You acknowledge that Roamly has no obligation to monitor your access to or use of the Roamly Website or to review or edit any material posted, but has the right to do so after any material is posted, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Your failure to comply with these Terms of Use may result in the termination of your access to the Roamly Website and may expose you to civil and/or criminal liability. Roamly has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Roamly may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ROAMLY AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ROAMLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ROAMLY OR LAW ENFORCEMENT AUTHORITIES.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of the Roamly Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Roamly and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Roamly Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Roamly.

TRADEMARKS

The term “Roamly” is a trademark and the Roamly logo and all related product and service names, designs and slogans on our Website are trademarks of Roamly or its affiliates. You may not use such marks without Roamly’s prior written permission. All other names, brands and marks not owned by Roamly are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

DEALINGS WITH THIRD-PARTY MERCHANTS

If you choose to correspond, participate in a promotion, or engage in transactions with any merchant found on or through the Roamly Website, you acknowledge and agree that Roamly is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchants. You agree that Roamly will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Roamly Website.

LIABILITY OF ROAMLY AND ITS LICENSORS

Roamly does not assume any liability for the materials, information and opinions provided on, or available through, the Roamly Website (the “Site Content”). The Site Content is not and should not be construed as insurance advice. Reliance on the Site Content is solely at your own risk and Roamly disclaims any liability for injury or damages resulting from the use of any Site Content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the applicable insurance policy and not the Site Content. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision.

THE ROAMLY WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER ROAMLY NOR ANY PERSON ASSOCIATED WITH ROAMLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE ROAMLY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ROAMLY NOR ANYONE ASSOCIATED WITH ROAMLY WARRANTS OR REPRESENTS THAT THE ROAMLY WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE ROAMLY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ROAMLY WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ROAMLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL ROAMLY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE ROAMLY WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE ROAMLY WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ROAMLY AND WHETHER OR NOT ROAMLY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SUBMISSION AND PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION

Roamly’s use of your personal information and our responsibilities in connection with protecting your privacy are described in our Privacy Statement (available on www.Roamly.com), which is hereby incorporated by reference into these Terms of Use. You are prohibited from using any services or facilities provided in connection with Roamly’s Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Roamly reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Roamly reserves the right to investigate suspected violations of these Terms of Use.

COMMENTS AND SUBMISSIONS

Roamly welcomes your comments. All comments, suggestions or other information sent by you to the Roamly Website will become Roamly’s property, and you agree that all intellectual property rights therein are transferred to Roamly. You understand that any postings to publicly available portions of the Roamly Website are non-confidential for all purposes.

LINKS TO OTHER SITES

The Roamly Website may contain links to other web sites on the Internet. Roamly is not responsible for and does not endorse the content, products or services of any third-party Websites, including, without limitation, sites framed within the Roamly Website or third-party advertisements, and Roamly does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

COMPLIANCE

The owner of the Roamly Website is licensed as an insurance producer in the states where Roamly offers its products and services. The products and services on the Roamly Website have been approved for use by the applicable departments of insurance and may not currently be available in all states. Roamly makes no representation that the products and services on the Roamly Website are appropriate or available for use outside of the states where Roamly is currently selling insurance. If you access the Roamly Website from other locations, you hereby acknowledge and agree that you are viewing the products and services on the Roamly Website for general informational purposes only.

INSURANCE QUOTES AND COVERAGES

All quotes generated in the Roamly Website are based on information you provided on the Roamly Website, as well as, in some cases, information we obtain from third parties. Quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided in the Roamly Website are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage you must complete all of the steps in the Roamly Website through the final application through the Roamly Website, a mobile app, or otherwise. Applications are subject to underwriting review and approval.

CLAIMS SUBMISSIONS

If you file a claim under your policy, the information you submit and the loss are subject to review and verification. We reserve the right to request additional information before making a final decision on your claim. In some cases, a claim representative may contact you regarding your claim. Your claim is subject to the provisions in your policy.

AGREEMENT TO CONDUCT ELECTRONIC TRANSACTIONS

We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Website or by phone. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Website or by phone, you acknowledge that you have read our Agreement to Conduct Electronic Transactions (available on www.Roamly.com) and agree to the terms and conditions set forth therein.

GOVERNING LAW

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Texas, USA, without regard to the State of Texas’s conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Roamly Website shall be in the state or federal courts located in Travis County, Austin, Texas or a United States District Court, Western District of Texas located in Austin, Texas. You agree to submit to the jurisdiction of such courts.

GENERAL

The failure of Roamly to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Roamly. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.