TERMS OF USE
Updated January 17, 2024
Welcome to the services offered by Jerry! Please read these Terms of Use carefully before accessing or using any of the services offered by Jerry.
These Terms of Use, together with Privacy Policy (“Privacy Policy”), ESIGN Consent (“ESIGN Consent”), and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, are collectively called “Terms,” “Terms of Use,” or “Terms of Services.” These Terms of Use apply to the Jerry web site located at https://getjerry.com and the Jerry mobile app (“the Site”), and the related products and services offered by Jerry and its subsidiaries, including Jerry Insurance Agency and Jerry Offers Inc. (hereinafter referred to as “Jerry,” “jerry.ai,” “we,” or “us”). The Terms govern the access or use by you of applications, websites, content, products, services, and programs made available by Jerry (the “Services”). “You” and “Your” refer to the user of the Services.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, AGREEING TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, AS MORE FULLY SET FORTH BELOW IN THE “DISPUTE RESOLUTION” SECTION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Continued use of the Services constitutes your acceptance of any revisions to these Terms.
SMS Terms and Conditions
SMS mobile messaging jerry.ai program. We are offering a mobile messaging program (the “jerry.ai Program” or the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions. It is optional for you to participate in the mobile messaging program. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through arbitration, as detailed in the “Dispute Resolution” section below.
User Opt In: The jerry.ai Program allows users to receive SMS mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By opting in or participating in the jerry.ai Program, you agree to receive message(s) from us at the phone number associated with your opt-in. When you opt in to participate in the jerry.ai Program, the messages you receive may include the following: a code to verify your phone number, responses from our customer support team to your inquiries, updates about jerry.ai products or services, at the number associated with your opt-in. Message and data rates may apply. Message frequency may vary.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Customer Care Information: For support regarding the Program, text “HELP” to the number you received messages from or email us at hi@getjerry.com.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by wireless carrier(s). Carriers and we are not liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers (e.g., T-Mobile, etc.) are not liable for delayed or undelivered messages.
Privacy: All information collected from users of our sites is subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our Privacy Policy.
Limitations of Use
You agree to use the Services or any aspect or feature thereof 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 the 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.
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years of age and are a legal adult in the jurisdiction(s) in which you reside; (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; (iii) the Services are offered only for your use, and not for the use or benefit of others; (iv) your account may not be used for Services to be performed for another person; (v) you will not attempt to use another’s account or create a false identity; (vi) you will not verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise threaten to harm any employee or agent of the company; (vii) you will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (viii) you will not utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (ix) you will not adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (x) you will not rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (xi) use the communication systems provided by the Services for any commercial solicitation purposes; (xii) you will not remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xiii) you will not collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) you will not share third party’s information or their User Content without their express consent; (xv) you will not infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) you will not use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” “cache,” “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) you will not use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) you will not access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) you will not attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.
Collection and Use of Your Information
Our policies with respect to our collection and use of personal information are set forth in our Privacy Policy, which is hereby incorporated by reference in its entirety.
Your Authorization When Signing up with Jerry Insurance Agency, LLC
By signing up with Jerry Insurance Agency, LLC (“Jerry”), you agree that we will shop insurance on your behalf. To shop insurance for you, we may ask you to authorize us to obtain and review your insurance coverage information by providing your personal information to us. Accordingly, you authorize us to send request(s) to your current insurance company or agent for them to send all your insurance policy information to us, if needed. During the course of using our services, if you have insurance policies with insurance companies we do business with that allow for broker of record changes, we may ask you to appoint Jerry (a member of ISU Insurance Agency Network, one of nation’s largest insurance agency networks) as your new broker of record. We will not become your broker of record unless you give Jerry express authorization to do so. You agree that we may send communications to your insurance provider using your automatically generated e-signature as authorization.
Jerry uses third party partners to provide additional quotes for insurance carriers that we do not have direct appointments with. We request our partners and those carriers to share with us certain information, including but are not limited to, policy number, term length, policy premium and effective date, so that we may provide that information to you and enhance your user experience on our site. The information will be what was provided by the carrier and may or may not be accurate based on the processes of the said carrier.
By accessing and using the Service, you acknowledge and agree that Jerry may create and retain documents and information regarding your use of, and interactions with, us, the Service and the Site, including, but not limited to, records of your sessions with the Site (through the use of session replay or screen capture technology and otherwise), and records of your written interactions with us, the Service or the Site, including SMS messages and chats.
Your Authorization When Using Jerry for Your Insurance Payment
Relationship. If you intend to purchase insurance from an insurance company through Jerry, you agree and understand that (1) Jerry is an insurance agent that may collect premium on behalf of the insurance company at its direction; (2) Jerry retains the right to collect unpaid premium on the insurance company’s behalf; (3) Jerry retains the right to change billing method on file with the insurance company if the insured does not make payment.
Tools We May Offer: We may from time to time offer you the ability to access certain financial management tools. Examples of such tools may include, but are not limited to, bill payment reminders and other similar services. Unless we indicate otherwise, these tools will be provided to you free of charge and are provided exclusively for personal use.
Limitations on Tools: You agree that we may modify the tools or cease making them available to you at any time without notice. We have no obligation to continue to make any particular tool available to you or to do so without charge. If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us. To the extent that the tools present information regarding financial accounts you may have with other lenders or financial institutions, you understand that the information may not be up to date. Before acting on any such information, you should confirm its accuracy with the lender or financial institution holding the account. There may be times when a tool we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the tools generally. You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality. You understand that some tools or some tool functionality may only be available to consumers who have relationships with certain lenders, service providers or financial institutions or who have certain financial products. If you do not have such relationships or products, you understand that you may not be eligible to use a tool or all of its functionality. You agree that we may use information we gather through the tools to market other products and/or services to you, including those of third parties.
Third Party Providers: Jerry may rely on third party providers to assist in making a tool or other Jerry Service available to you. By linking your bank account to Jerry via a third party provider, you authorize Jerry and its third party providers to access information about your financial accounts on your behalf, and to gather information about you, including but not limited to your account balance, and whether your account is in good standing. You give us and our third party providers a limited power of attorney, and appoint us and our third party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services. You agree to the transfer, storage, and processing of your information by these third party providers in accordance with their respective privacy policies, including third party’s privacy policy. We have no liability to you for any damages you may suffer as a result of any such third party’s actions or inactions or from inaccurate account information.
Cancelling Payments. We may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to your history of transactions on our site, the user’s account history or any other reason. At termination of your relationship with Jerry, you may still have a balance with Jerry. You may still owe money (or owe money to) Jerry at the termination of your relationship with Jerry. Any outstanding balance will be resolved with final debit or credit transaction(s).
Return Insurance Premium. You understand and agree that any premium due to you upon cancellation, by you or us, will be returned to you as directed by the insurance company.
How Jerry will use the user’s payment information. As an agent of the insurance carrier, Jerry will charge your selected payment method (such as your credit card, debit card, gift card/code, etc.) to collect insurance premium, fees, and facilitate other transactions as directed by the insurance carrier, including any applicable taxes. Jerry, its affiliates, or other third parties will store your payment information for the purposes of conducting transactions. You authorize Jerry to: (i) periodically initiate payments from or debits against your financial account(s) for the amounts then due to the insurance carrier as directed by the carrier; (ii) initiate any other payments or debits authorized by you or anyone using your account; iii) periodically verify the balance of your account using 3rd party tools as enrolled by the user. This authorization will remain in force for thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars. You acknowledge and agree that Jerry may share your information, including information about your financial accounts, with our payment partner for this purpose. You should be aware that online payment and debit transactions are subject to validation checks by our payment partner and your card issuer or financial institution, and we are not responsible if your card issuer or financial institution declines to authorize payment or a debit for any reason. For your protection, our payment partner uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize our Payment Partner to verify and authenticate your payment information. Please note that it is possible that your card issuer or financial institution may charge you an online handling fee or processing fee for these online transactions. We are not responsible for such fees. You understand and agree that no transaction, including without limitation the purchase of any insurance policy, is final until you receive a confirmation from Jerry.
If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize Jerry to attempt to charge your other eligible payment methods. If Jerry cannot charge you, you remain responsible for any uncollected amounts due to the insurance carrier, and Jerry or the carrier may attempt to charge you again or request that you provide another payment method. In accordance with local law, Jerry may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions.
Payment Reminders. You agree to allow Jerry to send you payment reminders from time-to-time. Such payment reminders may take the form of any available communication.
Your Authorization When Using the Telematics Services
You may use the internet-based telematics services provided by a third party provider when using the Jerry mobile app. When using the telematics service, you agree that: (i) You are granted a nonexclusive revocable license to access and use the telematic services (which includes the Mobile App and Telematics Service) until it is terminated; (ii) you must agree that Jerry or its third party providers retains all of its intellectual property rights in the telematic services and firmware, and no rights, title or interest in either one is transferred to you; (iii) you are solely responsible for the data relating to the telematic services and all driving activity; you may use the telematic services only in accordance with its technical documentation and applicable law; (iv) you may not reverse engineer the telematic services or firmware or use either in a service provider capacity; you may not use the telematic services to store or transmit infringing, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; you may not interfere with or disrupt the integrity or performance of the telematic services; you may not attempt to gain unauthorized access to the telematic services or their related systems or networks; you may not access the telematic services to build a competitive service or product, or copy any feature, function or graphic for competitive purposes; (v) the telematic services may be compromised, it may not be error free, and use may be interrupted; (vi) upon termination of a license or relationship between Jerry and the third party provider, you may no longer access or use the telematic services and you must confirm your compliance with the requirement upon request; (vii) you must agree to comply with applicable export control laws; (viii) you must agree that the telematic services may be suspended or terminated for your violation of law; you must agree that the telematics services and firmware are Jerry and its third party provider’s confidential information which may not be used other than for purposes intended herein; (ix) a breach of any term(s) described herein by you or a violation of the intellectual property rights granted herein may cause irreparable harm and Jerry or its third party provider may seek an injunction against you to avoid any future breach.
Claims Studio Disclaimer (Claims Reporter and Crash Detector). Crash Detector is not an emergency service provider and does not replace contacting 911, as this service is an additional safety service provided by private parties. No crash detection system can accurately detect all significant crashes, as the detection technology depends on industry standards and configuration. Crash Detector will not trigger on all crashes. You agree to comply with all applicable laws. Claims Studio Service may not operate on a mobile device if there is no or a weak cellular signal. Third party data sources for location mapping and weather are from sources that Jerry’s third party provider believes to be reliable, however, Jerry’s third party provider cannot guarantee their accuracy, or that the telematics services or mobile app cannot be compromised.
INSURANCE SCORING DISCLAIMER. JERRY OR ITS THIRD PARTY PROVIDER DOES NOT MAKE ANY WARRANTY WHATSOEVER WITH RESPECT TO ANY INSURANCE CONSEQUENCES REGARDING RATINGS OR SCORING INFORMATION PROVIDED BY THE TELEMATICS SERVICES.
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, street address, and/or mobile phone number, etc. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and do not allow any unauthorized access to your phone, other devices or personal information; you shall notify us of any unauthorized access. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us (at: legal@getjerry.com) immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Jerry and its affiliates. For your protection, if Jerry believes that any unauthorized access may occur or has occurred, Jerry may terminate your account access without prior notice to you. You hereby authorize Jerry, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or to authenticate your identity and account information. This may include asking you for further information and/or documentation relating to your identity or one or more services we are providing, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or other instruments, and to verify your information against third party databases or through other sources.
Financial products. Jerry partners with insurance carriers and/or auto loan lenders, and provides insurance products and/or auto loan refinance products to users via its technology platform. Jerry provides insurance products via a licensed insurance agency (Jerry Insurance Agency, California Property & Casualty Broker-Agent license number 0M34848). Jerry holds consumer lending licenses in certain states under Jerry Offers Inc. The NMLS identifier number for Jerry Offers Inc. is NMLS-2129773. The Services provided by Jerry allow you to view financial product offers or quotes from our partners (e.g., insurance quotes for your personal insurance from various insurance companies and/or auto refinancing offers from partner lenders) and allow eligible individuals to purchase certain financial products.
By registering as a Jerry user, you accept these Terms of Use and specifically consent to let us request and receive your consumer report data and other data about you from third parties by utilizing any information you provide directly to us or that we are able to obtain about you from other reputable sources to include in your Jerry account as follows:
“I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Jerry or its affiliated and non-affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to, TransUnion, Experian, and Equifax. I understand that my instructions let Jerry and affiliated and non-affiliated companies obtain such information at any time for as long as I have a registered Jerry account to use as described in the Terms of Use and Privacy Policy.”
This consent will authorize Jerry to periodically conduct “soft credit” inquiries or prescreen you for the purpose of evaluating your eligibility for auto refinance loans. The soft credit inquiries will not affect your credit score; they will generate an inquiry that is only visible to you. If you select a prequalification or other offer for an auto refinance loan that we may present to you, you will be asked to consent to a hard credit inquiry as part of your application. A hard credit inquiry only appears on your credit report if and when you authorize Jerry to submit an application for a financial product on your behalf.
Financial products are only available to people in those jurisdictions in which they may be legally sold. In some cases, Jerry may transact insurance products through ISU. ISU is licensed for transacting property & casualty insurance in 50 states (Jerry is a member of ISU insurance agency network). You may use the Services on your mobile device or through a web browser. By using the Services, you authorize us to collect your personal information and obtain your insurance policy information including, but are not limited to, declaration pages or coverage information from insurance companies, data providers providing such information, send the information relating to your insurance to third party providers (such as insurance companies), shop insurance, purchase and bind new insurance policies, cancel insurance policies that you no longer need, request refunds, speak to insurance companies and/or perform other actions on your behalf. We do not provide forms of professional advice that may require additional professional licensing, such as legal, medical, accounting, or tax advice. The information we provide is not advice on financial products or services on insurance, loan, etc. Any financial product purchasing decisions such as insurance coverages (e.g., types and amounts), limits, and deductibles and any terms on auto loan are solely your responsibility. We have no special relationship with or fiduciary duty to you, and Jerry is not responsible for determining the suitability of financial product offering such as insurance coverages or auto loan you obtain through the Services. You will review your documentation, review the price quotes for financial product(s) carefully (such as insurance quotes, or quotes on auto loan refinance), and determine the needs as you see fit, prior to making any decision to purchase any financial product(s) through the Services. For insurance offering, you acknowledge that we have no duty to determine or to take any action(s) regarding: (a) who should be insured on your policy or policies; (b) what type of coverage(s) and what amount of coverage(s) should be on your policy or policies; (c) what property or properties should be on your policy or policies. The offers or quotes for financial product(s) quoted do not constitute a contract or an invitation to contract or a credit application, or a binder or agreement to extend said financial product(s), and may be subject to change(s) based on additional data collected about user(s) (e.g., verification of claim and credit history where permitted by law, property inspection(s), etc.) and/or any other of partner lender or insurance carrier’s underwriting criteria, as applicable. During the course of using our insurance services, you may request your insurance company to make us broker of record, and you agree that the effect of such request is not confirmed until the insurance company lists us as the broker of record and lists/shares your policy information with us as your broker of record. If you authorize Jerry to become your insurance broker of record (which may come into effect the day on which you sign up with Jerry or your policy renewal date), such appointment remains in effect until canceled in writing and rescinding all previous appointment(s). You should not cancel any existing insurance until you have received written confirmation from the insurance company to which you are applying that your new policy is effective. You permit Jerry to receive commission or any other form(s) of compensation that third party providers such as insurance carriers and/or partner lenders agree to pay to Jerry for your use of the Services. We provide our insurance products and/or services under various marks, names or brands, including but not limited to, “Jerry,” “getjerry,” “Jerry.ai,” “Jerry insurance,” “Jerry car insurance,” and “Jerry home insurance.” We provide our car loan products and/or services under various marks, names or brands, including but not limited to, “Jerry,” “getjerry,” “Jerry.ai,” “Jerry loan,” “Jerry car loan,” and “Jerry auto loan.” We provide services such as membership, telematics, roadside assistance, auto/home loan or finance, car membership, tracking driving, driving score, crash notification, accident notification, trip tracking, family tracking, parking assistance, parking location reminder, driving based gamification, etc. under various marks, names or brands, including but not limited to, “Jerry,” “getjerry,” “Jerry.ai. Communications. You expressly consent and agree to receive communications from us, i.e., communications relating to products, services, and marketing, etc., including by phone or electronically, e.g., emails, calls, Facebook Messenger, push notifications, app(s), and Jerry’s websites, to the telephone number(s) and the email address(es) you provided to us, and/or any account you set up with Jerry. You consent to using the email address(es), telephone number(s) or app(s) to receive service-related notices or communications, including any notices or communications required by law, instead of postal mail. As used in this section, “we” or “us” refers not just to Jerry, but also Jerry’s agents, and affiliates. You agree that we may accept an electronic authorization from you, and that this electronic authorization will have the same effect as a physical wet signature and will appear on all records related to the provision of products and services. Your consent is voluntary and applies to all Communications and information that we receive from you.
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, and questions you ask us in “Ask an Expert” or “Q and A” features of 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/or 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. We shall be free to use any ideas, concepts, know-hows or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that: (i) you are either 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 at any time and for any reason or no reason, without notice to you or any others.
Information on the Services
Our Services display information or content created by you, other users, us and/or third parties, including but not limited to information in the “Ask an Expert” and/or “Q and A” features of the Services. The information or content displayed (including information in the “Ask an Expert” or “Q and A” features of the Services) does not constitute professional advice and is provided for informational purposes only, with no assurance that any information or content displayed is true, current, correct, or accurate. You should not rely on such information or content, and no action or inaction should be taken based on the information found on the Services. The information or content displayed is not a substitute for professional advice. Should you send specific or confidential information, Jerry has no duty to keep that information confidential. You should not delay or forego seeking professional advice based on anything found on the Services. The “Ask an Expert” and “Q and A” features of the Services are not regulated by any national or state bar association or state licenses. The information posted by you and Jerry (including information in the “Ask an Expert” or “Q and A” features of the Services) is not confidential and does not establish a professional relationship between you and Jerry, such as a broker-client relationship or an attorney-client relationship.
Termination
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). We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice. 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
By registering with Jerry, you acknowledge and authorize Jerry and its authorized agents to (i) collect information relating to 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, (ii) retrieve and manage information of yours maintained by certain third-party institutions, including financial institutes, insurance companies, data providers, and service providers (“Your Data”), and (iii) act in any way reasonably necessary to accomplish the goal of shopping for financial products (e.g., insurance or auto loan refinancing) for you subject to any instructions provided by you in advance. 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, and you authorize Jerry to access your connected account(s) and download relevant information in order to provide the Services. To withdraw this authorization, you may cancel and delete your account at any time by emailing us at hi@getjerry.com.
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 interpret 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 understand that 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 partners, affiliates, insurance companies, or others.
Third-Party Practices
This Service(s) may contain 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 by 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 websites, as their practices may differ from ours.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Jerry and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. The term “Jerry” in the context of the Services offered by us and the related logos are the trademarks of Jerry. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent expressly permitted by Jerry.
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 AND THIRD PARTY PROVIDERS 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 JERRY WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE JERRY PRODUCT OR SERVICES WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE TO ANY NATURAL PERSON; OR (IX) THAT JERRY PRODUCTS OR 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.
NO GUARANTEE OF ACCURACY. JERRY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, THE WEBSITES, AND/OR THE APP.
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 OR THIRD PARTY PROVIDERS BE LIABLE (1) 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, (2) FOR ANY VIRUSES, BUGS, TROJAN HORSES, SYSTEM UPGRADES OR MALFUNCTIONS, INTERNET DELAYS OR MALFUNCTIONS, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (3) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTH PERIOD OR (B) $500.00. 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 INCLUDING INSURANCE COMPANIES OR LENDING PARTNERS. 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 or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party,” or any statute or common law principle of similar effect.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Jerry, its affiliates and their respective owners, officers, directors, employees, agents, and/or licensors 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
PLEASE READ THE FOLLOWING PROVISION (THE “DISPUTE RESOLUTION TERMS”) CAREFULLY. They require that you arbitrate disputes with Jerry arising out of the Terms of Use or the Services and limit the manner in which you can seek relief from Jerry.
Agreement to Arbitrate. You and Jerry acknowledge and agree that any dispute or claim arising from, concerning or relating in any way to the Services or the Terms of Use (a “Dispute”) shall be resolved by binding arbitration, rather than in court, except for the exceptions set forth below in the “Exceptions to Agreement to Arbitrate.” You and Jerry also acknowledge and agree that Jerry’s employees, officers, directors, agents, independent contractors and representatives (“Representatives”) are third-party beneficiaries to these Dispute Resolution Terms and will have the right to enforce these Dispute Resolution Terms against you. “Jerry,” as used in these Dispute Resolution Terms, shall refer collectively to Jerry and its Representatives unless the context dictates otherwise.
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 and enforce the terms of these Terms of Use as a court would.
You agree that the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of these Dispute Resolution Terms, including any unconscionability challenge or any other challenge that the Dispute Resolution Terms are void, voidable or otherwise invalid.
Arbitration Procedures. You agree that any arbitration between You and Jerry shall be conducted by the American Arbitration Association (“AAA”) under its rules, including its Consumer Arbitration Rules. AAA’s rules can be found at www.adr.org.
Governing Law. You and Jerry agree that these Dispute Resolution Terms involve a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of these Dispute Resolution Terms and any proceedings pursuant to them.
The parties agree that the FAA and AAA rules preempt all state laws. To the extent the FAA and AAA rules are found to not govern any Dispute or to not apply to the enforcement of these Dispute Resolution Terms, then the laws of the state of Delaware shall apply.
Location of Arbitration. All arbitrations between You and Jerry shall be conducted in San Francisco, California or the county in which you work or live, or any other location we agree to. You may participate in the arbitration by phone or written submission if permitted by the AAA’s rules or the arbitrator.
Exceptions to Agreement to Arbitration. You may elect to pursue any Dispute you have with Jerry, to the extent it qualifies, in small claims court in the county of Santa Clara, California, or in the county in which you work or live. In addition, either You or Jerry may bring any claim for threatened or actual infringement or misappropriation of a party’s intellectual property rights, including trademarks, copyrights, patents and trade secrets, in federal or state court in Santa Clara, California.
Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Jerry will reimburse all filing and other arbitration fees (excluding attorney 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.
Class Action Waiver; No Jury Trial. You agree to arbitrate any Dispute on an individual basis and not as part of a class, including as a class representative. CLASS, REPRESENTATIVE OR COLLECTIVE ACTIONS ARE NOT PERMITTED. If for any reason a Dispute is resolved in court and not in an arbitration, You and Jerry agree to waive any right you may have to a trial by jury.
YOU AGREE AND ACKNOWLEDGE THAT YOU AND JERRY ARE EACH WAIVING (1) ANY RIGHT THAT YOU MAY HAVE TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE OR CONSOLIDATED ACTION AND (2) THE RIGHT TO A TRIAL BY JURY.
Commencing an Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Dispute to Jerry at the following address:
Jerry Services Inc.
Attention: Legal
430 Sherman Ave, Suite 305
Palo Alto, CA 94306
You Have One Year to Pursue a Dispute. You agree that you must commence any cause of action (including through arbitration proceedings) concerning, relating to or arising from a Dispute within one (1) year from the date that the cause of action accrued and that if you fail to do so, such cause of action will be permanently barred.
Severability of Dispute Resolution Terms. If any term or section in these Dispute Resolution Terms is deemed unenforceable or unlawful, (1) that term or section shall be severed from the remainder of the Dispute Resolution Terms and (2) severance of the unenforceable or unlawful term or section will not impact the remainder of the Dispute Resolution Terms or Terms of Use. If the unenforceability or unlawfulness of a term or section in these Dispute Resolution Terms results in a Dispute being asserted on a class, collective, consolidated, or representative basis, the Dispute must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of the Dispute will be stayed pending the outcome of any Disputes in arbitration.
Right to Opt Out. You may opt out of these Dispute Resolution Terms by mailing us at:
Jerry Services Inc.
Attention: Legal
430 Sherman Ave, Suite 305
Palo Alto, CA 94306
For your opt-out to be valid, you must sign your opt-out notice and include: (1) your name, (2) your address, and (3) a statement that you have elected to opt out of these Dispute Resolution Terms.
If you opt out of these Dispute Resolution Terms, all other Terms of Use will continue to apply to You.
Other Provisions
Governing Law; Venue. Except as required by applicable law and as set forth in the Dispute Resolution section, these Terms of Use are governed by the laws of California, without regard to its conflict of laws principles. This provision only specifies the use of California law to interpret these Terms of Use and this provision is not to be interpreted as extending California substantive rights to you if you do not reside in California. To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, the parties consent to the jurisdiction of, and each party shall exclusively bring a lawsuit in, the state and federal courts located in Santa Clara County, California. This provision does not apply to the Dispute Resolution Terms or to any arbitrable Dispute as that term is defined therein. Instead, as described in the Dispute Resolution Terms, the Federal Arbitration Act applies to Disputes.
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 determine, 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: 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: 430 Sherman Ave, Suite 305, Palo Alto, CA 94306, Attn: Legal.
Feedback and Information
Any feedback you provide relating to the Services shall be deemed to be non-confidential. Jerry shall be free to use such information on an unrestricted basis.
The information contained in the Jerry website is subject to change without notice.
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).