Last Updated January 15, 2015
Terms and Conditions
We are committed to protecting the privacy of children. You should be aware that the Service is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person who we know is a child under the age of 13.
THIS AGREEMENT SETS FORTH THE RIGHTS AND OBLIGATIONS APPLICABLE TO YOUR USE OF THE SERVICE. PLEASE READ IT CAREFULLY. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT USE THE SERVICE.
Subject to terms and conditions of this Agreement, Direct grants you a non-exclusive, non-transferable (except as otherwise provided herein) revocable, limited license during the term of this Agreement to use the Service.
Some areas of the Service are restricted and require a username and password for access. Unauthorized use of or access to these areas is strictly prohibited. You may use only one account at a time. By creating an account, you represent that you are able to form a legally binding contract. You also represent that the information you provide in the online registration process for use of the Service is true and complete, and you agree to update such information when it changes. The registration information is incorporated into and made a part of this Agreement.
You are solely responsible for safeguarding and maintaining the confidentiality of your account information, including your username and password, and are responsible for all activities that occur under your account, whether or not you have authorized such activities. You agree to immediately notify Direct of any unauthorized use of your username, password or account. You may not permit any third party to access the Service through your account. Direct may block access to password protected areas of the Service without prior notice if we believe your username and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.
Except as may be expressly permitted by this Agreement, you may not, directly or indirectly: (a) violate any law, statute, ordinance, or regulation; (b) provide false, inaccurate or misleading information; (c) use the Service in any jurisdiction outside the United States; (d) modify, reverse engineer, decompile, disassemble, or create derivative works based upon the Service or any software or programming related thereto; (e) use any device, software, methodology, or routine to interfere with the proper working of the Service or servers or networks connected to the Service; (f) access data of which you are not an intended recipient or log into a server or account on a network related to the Service that you are not expressly authorized to access; (g) harvest or collect information about other Direct users; (h) engage in any activity that interferes with any third party's ability to use or enjoy the Service; or (i) circumvent any Direct policy or determinations about your account such as temporary or indefinite suspensions or other account limitations or restrictions, including: attempting to create new or additional Direct accounts when an account has been restricted, suspended or otherwise limited or using someone else's Direct account.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time without notice for any reason whatsoever. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
When you visit the Service, you may see messages and/or maps tailored to your specific state or city. We are able to identify your general geographic location using GPS via your mobile device if this functionality is active. Though we can identify your geographic location, we do not receive your personal information. We identify location only to provide a more tailored experience for you.
Data is uploaded from the Application based on trip information. Data captured includes trip start and end time, miles, fast accelerations, hard stops, fast cornering and speed during a trip. In addition, the Application captures trip route information (GPS enabled) and mobile device information including IMEI and operating system Data collected from the Application can be viewed on the mobile device. No data will be collected once you terminate your participation in the DirectDrive Program. Direct will collect data from the Application for the purpose of determining benefits of the DirectDrive Reward program as well as analysis and risk evaluation, so your data may be retained indefinitely. We will not disclose or use data obtained from the Application to resolve any claims you or another driver of your vehicle may make with us unless we receive a written request from you asking us to consider the data. We will not use data obtained from the Application for individual non-renewal decisions. We will not use data obtained from the Application for individual premium increases. Data collected from the Application may be provided to insurance regulators to support rate or other insurance related filings. Data may also be disclosed to third parties, as required by law, and may be deemed discoverable by third parties and used in an accident investigation and/or litigation. Direct and/ or you may be legally required to provide the data to others and /or their legal counsel, and you should not expect to retain any privacy or confidentiality related to Your use of the Application.
You acknowledge that the Service is provided to you free of charge, and Direct may suspend the Service or terminate this Agreement and the license granted herein at any time with or without notice to you by disabling your access to the Service. You may terminate this Agreement at any time upon written notice to Direct. If your access to the Service is terminated or suspended, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Service, including, but not limited to, technological barriers, IP mapping and our direct contacts with telecommunications companies. If you terminate this Agreement, we recommend you uninstall the Application from your mobile device.
Using Digital ID Cards through the DirectDrive App gives you the ability to view your insurance cards right from your phone provided you register your account, select "Yes" as a Direct policyholder, and input your policy number and policy effective date in the account section of the app. Most states are allowing Digital ID Cards as valid proof-of-coverage; however Direct assumes no liability for any state, law enforcement or government agency that refuses to accept the Digital ID Card as valid proof-of-coverage or for any damage to your phone that may occur when you present it to the applicable authority.
THE SERVICE AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS-IS," AND DIRECT DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE OR ANY PART OF IT, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT DIRECT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.
IN NO EVENT SHALL DIRECT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE DIRECT SERVICE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE DIRECT SERVICE, THE CONTENT, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIRECT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE DIRECT SERVICE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Application transmits data via your wireless carrier or accessible Wi-Fi network. Direct is not responsible or liable for any data charges associated with the use of any applications. The service may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: app design, network coverage, government regulation, or other situations beyond our control.
You agree to indemnify, defend, and hold Direct, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Services pursuant to the terms of this Agreement.
This provision, if applicable, governs the rights of Apple Inc. ("Apple"). You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of the EULA, and that Apple will have the right to enforce these Terms against Customer. Apple has no obligation to furnish any maintenance and support with respect to this Service. Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple will not be responsible for addressing any claims of Customer or any third party relating to the Service or the Customer's use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Any questions, complaints or claims with regards to these Terms should be directed to the following address:
Direct General Corporation
Attn: General Counsel
1281 Murfreesboro Pike, Nashville, TN 37217
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. This Agreement and Direct's Privacy & Security Policy constitute the final agreement between the parties. No other prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. This Agreement and all of your rights and obligations under it may not be assignable or transferable by you without our prior written consent. This Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement. The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.
This Agreement is governed by and shall be construed in accordance with, the laws of the State of Tennessee, without regard to its conflict of laws' provisions.
References to "Direct," "we," and "us" in these Terms and Conditions include Direct General Insurance Agency, Inc., Right Choice Insurance Agency, Inc., Direct General Life Insurance Company Direct General Insurance Company, Direct Insurance Company, Direct General Insurance Company of Louisiana, Direct General Insurance Company of Mississippi and Direct National Insurance Company and their past, present and future parent companies, subsidiaries, affiliates, principals, agents, employees, predecessors in interest, successors and assigns.