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DirectDrive® Terms of use ("Agreement")

Last Updated January 15, 2015
Terms and Conditions

The DirectDrive Application and related data feeds and services (collectively, the "Service") is expressly conditioned as operated and administered by Direct Administration, Inc. and its affiliated insurance companies ("Direct", "we" or "us"). Please read these Terms carefully before accessing the Service. If you agree with and accept the Terms, click the "I Agree" button below. By accepting the Terms and accessing the Service, you acknowledge that you are of legal age, you have read and understood, and agree to be bound by the Terms. In all events, by using this service, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms, do not download or use the Service. Direct's Privacy and Security Policy are incorporated herein by this reference. We may modify these Terms of Use from time to time at our sole discretion. Your continued use of the Service constitutes your binding acceptance to these Terms, including any changes or modifications that we may make.

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.

License to use 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.

Account Registration and Security

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.

Restrictions on Use

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.

Ownership

This Agreement does not grant you any right, title, interest, license (express or implied) to any text, graphics, computer code, interfaces, patent, trademark, service mark, copyright, trade secret or other proprietary rights associated with, on the part of Direct, the Service, or, previous applications or business methods of Direct (or its affiliates) required or provided in connection with the Service (whether owned or licensed by Direct or its affiliates or a third party); or arising from Direct or its affiliates' research and development activities. Direct has and retains exclusive and valid ownership of the Service, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Direct. Except as expressly provided in the Terms of Use, no part of the Application may be copied, reproduced, sold, republished, reposted or otherwise distributed for public or commercial use. Further, You agree that Direct owns the data gathered by the Application.

Geographic Location Identification

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 Collection and Use.

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.

Termination

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.

Digital ID Cards

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.

Risk Allocation

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.

Cellular or Wireless Service.

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.

Indemnity

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.

Apple Rights

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.

Questions

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
(800) 330-4541

Miscellaneous

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.

Governing Law

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.

ARBITRATION AGREEMENT

  1. Mandatory Arbitration and Waiver of Class Arbitration. Instead of suing in court, you and we (as defined below) agree to arbitrate all Claims (as defined below) on an individual, non-representative, and non-class basis in accordance with the terms of this Arbitration Agreement ("Agreement"). Neither you nor we shall seek the resolution or adjudication of any Claim in court, other than to compel arbitration as provided below or to confirm, vacate or modify an arbitration award as allowed by law. YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, EACH IS WAIVING THE RIGHT TO RELIEF IN COURT, TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. As the sole exception to this Agreement, you and we retain the right to pursue in small claims court on an individual, non-representative, non-class basis any Claim that is within that court’s jurisdiction. "Claims" means any and all disputes, claims, demands and controversies of every kind and whatever nature, arising from, or in any way relating to the Service, whether arising at law, in equity, by statute, regulation, ordinance, or otherwise. This Agreement shall survive termination, cancellation, or expiration of the relationship between you and Direct. You and we agree that this Agreement evidences a transaction in interstate commerce, governed by, and enforceable under, the Federal Arbitration Act ("FAA"). To the extent that applicable law bars the enforcement of an arbitration clause in a contract of insurance, this arbitration clause shall not apply to such claims under insurance contracts but shall apply to every non-insurance Contract you have purchased by or through us and to the extent allowed by applicable law, to all tort and other claims other than for recovery within the limits of an insurance contract.
  2. Notice of Dispute. A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, a written Notice of Dispute ("Dispute Notice") to provide an opportunity to resolve the Claim informally through negotiation. The Dispute Notice to us should be addressed to: Attn: General Counsel, Direct General Group, 1281 Murfreesboro Rd., Nashville, TN 37217 (the "Notice Address"). The Dispute Notice must (a) describe the nature and basis of the Claim; and (b) set forth the specific relief sought. You may download a form Dispute Notice at www.directgeneral.com/disputeresolution. You and we both agree to negotiate resolution of the Claim in good faith for no less than 30 days after receiving a Dispute Notice.
  3. Demand for Arbitration; Procedures. If you and we do not resolve the Claim within 30 days after receipt of the Dispute Notice, you or we may commence an arbitration proceeding by filing an appropriate demand for arbitration ("Arbitration Demand") with the American Arbitration Association ("AAA"). You may download a form Arbitration Demand online at www.directgeneral.com/disputeresolution. After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The terms of this Agreement govern in the event they conflict with the rules of the AAA. The arbitrator shall have the power to adjudicate all issues and questions concerning his or her own jurisdiction, authority or power, and on the existence, scope or validity of this Agreement; provided however, that the arbitrator is bound by the terms of this Agreement, and he or she has no power inconsistent with Paragraph (5) hereof. If your Claim, including interest, non-monetary loss, attorneys’ fees, expenses and costs, totals $5,000 or less, we agree that you may opt to have the hearing conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Unless you and we agree otherwise, any arbitration hearings shall be held in the county (or parish) of your billing address, except that if the arbitrator determines that such county lacks adequate facilities for an arbitration, he or she may direct that the arbitration hearing be held at a location with adequate facilities, keeping in mind the goal of holding the hearing near the county of your billing address. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction. Except as otherwise provided for herein, we will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.
  4. Attorneys’ Fees and Sanctions. If you prevail in the arbitration and are awarded more than our last settlement offer before appointment of the arbitrator, we will pay your reasonable attorneys’ fees for investigating and pursuing your claim. Notwithstanding the forgoing, if you would be entitled to a larger amount of attorneys’ fees or expenses under applicable law, this Agreement does not preclude the arbitrator from awarding you that amount. Except as otherwise provided for herein, we agree not to seek an award of attorneys' fees in arbitration even if such an award is otherwise available under applicable law. If, however, the arbitrator finds that your Claim is such that it would warrant sanctions under the standards of Rule 11 of the Federal Rules of Civil Procedure, then the arbitrator shall have the power to issue an award to us for all monies previously disbursed by us that otherwise would be your obligation to pay under the AAA Rules and OUR reasonable attorneys’ fees.
  5. No Class Arbitrations. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS-WIDE BASIS. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ADJUDICATE CLAIMS ON A CLASS-WIDE BASIS, AND YOU AND WE AGREE THAT EACH SHALL BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR TO OTHERWISE ADJUDICATE OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If all or any portion of this Paragraph 5 is found to be unenforceable, then neither party may be required to arbitrate.
  6. No Class Actions. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, AND REGARDLESS OF WHETHER THE CLAIM IS THE INITIAL CLAIM BEING ASSERTED, A COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, YOU AND WE AGREE THAT NEITHER WILL BRING OR REQUEST A CLASS ACTION OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO PURSUE ANY CLAIMS SOLELY ON AN INDIVIDUAL BASIS, AND WILL NOT LEAD, JOIN OR SERVE AS A MEMBER OF A CLASS OR GROUP OF PERSONS BRINGING SUCH CLAIMS. YOU AND WE AGREE THAT NEITHER SHALL JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, NOR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
  7. Severability. If any clause of this arbitration agreement other than paragraph 5 is found to be illegal or unenforceable, that clause will be severed from this Agreement, and the remainder of this Agreement will be given full force and effect.

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.

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