1.1 "Services" means Voom's solution for our motorcycle insurance program that allows you to potentially reduce your motorcycle insurance costs and expenses.
1.2 ~"User Data" means any files, data, material and information submitted, uploaded and stored by You through the Service, data relating to Your use of the Platform and Services in conjunction with the Platform, including but not limited to information related to:
1.2.1 Your contact and payment information, including email addresses and credit card or other payment remittance information,
1.2.2 information obtained by or provided through the Service,
1.2.3 settings, preferences chosen, and resource usage,
1.2.4 free text submitted by You.
1.3 "We", "Us", "Voom" or "Our" means Skywatch Insurance Services, Inc. and its affiliates (including, without limitation, subsidiaries and parent companies).
1.4 "You" or "Customer" means the person accepting these Terms.
2. The Services
2.1 Registration. You may use the Services solely for the purpose of your own personal use, to purchase Insurance Products and to update your personal details in connection with such Insurance Products. We may update the Services from time to time, including adding or removing functions.
2.2 Service Providers. We may use third parties in the operation of our Services or to perform any of our obligations (each a "Service Provider"), including using Service Providers for cloud infrastructure and hosting services. In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share your data or User Data with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.
2.3 Children under 18. The Service is not directed at children. If you are a child, please do not use or attempt to register to use the Service.
3.1 Insurance Purchase. In your use of the Service you may, from time to time, be provided with the opportunity to purchase insurance offerings from our third party associates through the Service. It is hereby clarified that such offerings are at the exclusive liability and responsibility of such third party associates, and you will have no right or claim against Voom in connection with such offerings, except a limited right to receive a refund of fees actually paid by you for such offerings, where such refund is available under the terms of purchase of the applicable offering. It is the responsibility of the insured to ensure that all sums insured and policy limits are adequate. Whilst we seek to assist in establishing and maintaining insured values and indemnity limits we cannot accept responsibility for their accuracy.
3.2 Payment Policy. You authorize Voom, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth and other information that is necessary to confirm ownership of your email address or payment method that you have used to purchase Insurance Products, such as a credit card, debit card or PayPal account (“Payment Method”). You must provide Voom with accurate information in relation to your Payment Method so that the purchase of insurance is paid for by you. Additionally, you authorize Voom to store your Payment Method and charge your Payment Method as outlined in these Terms. When you select and provide information to us pursuant to a Payment Method, you confirm that you are permitted to use that Payment Method and you authorize us and our designated payment processor to charge the full amount of the insurance to the Payment Method you designate for the purchase. All purchases are final and no refunds or credits will be provided. We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount.
4.1 Establishing Insurance. If you purchase insurance through the Services, we may require that you provide us with relevant details about you and your motorcycle, and such details will be considered User Data.
4.2 Accurate Information. You must provide us accurate and complete information in order to purchase Insurance Products. You agree to keep your information up to date and accurate. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE USER DATA UP TO DATE. You will have no right or claim against us if any insurance policies that you acquire are rendered invalid due to inaccurate information provided by you.
5. Insurance Products. We may make our third party underwriting partner's insurance policies available for your purchase through the Service (the "Insurance Products"). Insurance Products are subject to the terms and conditions they contain, including exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. Some Insurance Products may not be available in all states or territories. We will not be responsible for the Insurance Products or any act or omission of the third party that provides the Insurance Products, and we do not warrant any Insurance Products.
6. Use Obligations and Restrictions
6.1 Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control, including any laws and regulations applicable to the operation of unmanned aircraft systems; (ii) pay the fees for the Services, if applicable, when due; (iii) use reasonable security precautions for providing access to the Services by your Users, customers or other individuals to whom You provide access.
6.2 Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
7. Intellectual Property Rights
7.1 Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Voom and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Voom's intellectual property rights. Nothing in the Terms constitutes a waiver of Voom's Intellectual Property Rights under any law.
7.2 Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
8. Indemnification. You will indemnify, defend, and hold harmless Voom, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your User Data or your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.
9. Disclaimers of Warranties
9.1 THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND VOOM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
9.2 OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
10 Limitation of Liability
10.1 IN NO EVENT WILL VOOM BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF VOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 IN NO EVENT WILL VOOM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT OF USD $100 (ONE HUNDRED U.S. DOLLARS).
11. Term and Termination
11.1 Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated.
11.2 Termination. You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms.
11.3 Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
12 Information Regarding Insurance Legislation
12.1 Underwriting Entities. The following information is disclosed pursuant to various state insurance laws. The insurance products provided on the Platform and via the Services are underwritten by the following insurance company:
Insurance Company: Markel American Insurance Company
NAIC Identification Number: 28932
Principal Address: 4521 Highwoods Parkway, Glen Allen, VA 23060
State of Domicile: VA
Insurance Company: Markel Insurance Company
NAIC Identification Number: 38970
Principal Address: 10275 West Higgins Road, Suite 750, Rosemont, IL 60018
State of Domicile: IL
12.2 By using the Platform to purchase insurance, You declare that all particulars stated in the application process are true and complete to the best of Your knowledge and that no information has been withheld or suppressed. You represent that all statements made in the application process and the terms and conditions of the policy in use by the insurer shall be the basis of any contract between You and the insurers. You hereby authorize the insurer to investigate any qualifications stated or other statements made during the application process.
12.3 Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects that person to criminal and civil penalties (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties). (In New York, the civil penalty is not to exceed five thousand dollars ($5,000) and the stated value of the claim for each such violation). (Not applicable in AL, AR, AZ, CO, DC, FL, KS, LA, ME, MD, MN, NM, OK, PR, RI, TN, VA, VT, WA and WV).
12.4 APPLICABLE IN AL, AR, AZ, DC, LA, MD, NM, RI and WV. Any person who knowingly (or willfully in MD) presents a false or fraudulent claim for payment of a loss or benefit or who knowingly (or willfully in MD) presents false information in an application for insurance is guilty of a crime and may be subject to fines or confinement in prison.
12.5 APPLICABLE IN COLORADO. It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies.
12.6 APPLICABLE IN FLORIDA and OKLAHOMA. Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (In FL, a person is guilty of a felony of the third degree).
12.7 APPLICABLE IN KANSAS. Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.
12.8 APPLICABLE IN MAINE, TENNESSEE, VIRGINIA and WASHINGTON. It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
12.9 APPLICABLE IN PUERTO RICO. Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances be present, the penalty thus established may be increased to a maximum of five(5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the state of California excluding rules as to choice and conflicts of law and the courts in the state of California will have jurisdiction; however, Voom or its Affiliate may bring suit for payment in the country where Your entity is located. You and Voom agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
14.1 Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit Users to access or use the Services in any country which is subject to an embargo by the United States and shall not use the Services in violation of any other export restriction.
14.2 Changes to Terms. Voom may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Platform. You are responsible for checking the website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
14.3 Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
14.4 Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
15.5 Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Voom.
15.6 Entire Agreement. These Terms contain the entire agreement between Voom and You relating to your use of the Services and supersedes any and all prior agreements between Voom and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Voom in these Terms.
14.7 Assignment. You may not assign your rights or delegate your obligations under these Terms without Voom's prior written consent. Any purported assignment contrary to this section will be null and void. Voom may assign its obligations hereunder among its affiliates (including, without limitation, subsidiaries and parent companies), by a change to the definition of Voom hereunder which change will become effective upon posting on the Platform.
14.8 No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.