- The Service is owned and controlled by TrueMotion Software, a Delaware corporation ("TrueMotion”).
- TrueMotion and Farmers Group, Inc., on behalf of itself, Farmers Insurance Exchange and the affiliates of Farmers Insurance Exchange which collectively comprise the Farmers Insurance Group of Companies (“Farmers”), have entered into an agreement pursuant to which TrueMotion, on behalf of Farmers, will collect and process data obtained in connection with and generated from your use of the Service (“Signal Data”).
- All content on the Service, with the exception of Signal Data (the “Content”) is and shall continue to be the property of TrueMotion and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any Content is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Services.
- You are granted a limited, revocable, nonexclusive license to use the Service solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree to refrain from copying the Content or Signal Data, reverse engineering or breaking the Service, or using the Signal Data, Content or the Service in violation of any law. Availability and use of the Service is at the discretion of TrueMotion and/or Farmers. Such availability or use may be terminated by TrueMotion or Farmers in their sole discretion, at any time, with or without prior notice. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You may terminate your use of the Service at any time by ceasing your use of the Service.
- You agree to comply with all applicable laws regarding your use of the Service. You further agree and represent that information you provide in connection with the Service is your own information and is truthful and accurate to the best of your knowledge, including all driving monitoring information collected by the Service.
- You agree to indemnify, defend and hold TrueMotion and Farmers, their respective partners, employees, affiliates and assigns harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your use of the Service.
- THE INFORMATION IN THE SERVICE IS PROVIDED TO YOU ON AN “AS IS”, ‘WITH ALL FAULTS’ AND “AS AVAILABLE”BASIS. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TRUEMOTION AND FARMERS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS RESTRICT WARRANTY DISCLAIMERS, SO THIS LIMITATION MAY OR MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE.
- UNDER NO CIRCUMSTANCES WILL TRUEMOTION, FARMERS, THEIR RESPECTIVE PARTNERS, EMPLOYEES, AFFILIATES AND ASSIGNS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICE, EVEN IF TRUEMOTION OR FARMERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY SHALL BE TO CEASE ALL USE OF THE SERVICE AND REMOVE THE SIGNAL APPLICATION FROM YOUR MOBILE DEVICE.
- You should also be aware that Farmers may at times permit partners and affiliates to offer additional services via subscription or registration through the Service. Such services may include, but are not limited, to car valuation, repair reminders and crash notification.
- Farmers reserves the right to contact you regarding account status, changes to the subscriber agreement and other matters relevant to the Service or the information collected. By using the Service, you agree that Farmers and TrueMotion may communicate with you by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the Service. In the event you change or deactivate your mobile telephone number, you agree to promptly notify Farmers at 1-800-709-7821 to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly notify Farmers when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.
- At no time will TrueMotion or Farmers require you to provide or transmit your password information to TrueMotion via mail or text. Before responding to any requests for Signal program passwords or access codes, contact Farmers directly to confirm this inquiry is valid.
- TrueMotion and Farmers have adopted generally acceptable security measures to protect your personal information against loss, misuse and alteration when such information is within TrueMotion’s or Farmers' control. Despite these measures, no data transmission over the Internet can be guaranteed to be 100% secure. TrueMotion and Farmers will use commercially reasonable measures to protect your information but do not warrant that the information transmitted to or by TrueMotion or Farmers will be secure at all times. It is your responsibility to protect the security of your password and login information and access to information contained on your phone in the Signal program phone applications. Note: Emails, instant messages, and similar types of communication with other Service users are not encrypted and therefore TrueMotion and Farmers strongly advises against communicating any confidential or personal information through these methods.
- This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any user, and your use of any of the Service operates as full consent by each user to collection and use of user's personal information within the guidelines and limitations outlined herein.
The Signal® application (“App”) comes equipped with built-in accident detection known as CrashAssist. We use the sensors in your phone to help detect if you are in a severe motor vehicle accident (“Crash”). CrashAssist may collect information for any motor vehicle that you are in, even if you are not the driver. If you do not have permission from the driver to collect such information, please be sure to temporarily deactivate Signal and/or CrashAssist. For some users, CrashAssist is turned on by default, but you can turn it off in the settings within the App. By using CrashAssist in a motor vehicle, you represent that you are the driver and have consented, or that you have obtained consent from the driver, to use CrashAssist and to allow access to and collection of such information. Please do not use the App in a way that distracts you while driving, or that interferes with your ability to follow traffic laws.
When CrashAssist is on, the App is installed and active, and all technical requirements are met, the App may detect if you are involved in a Crash. Your phone must be powered on and properly functioning for CrashAssist to work. CrashAssist will collect your location information, and in the event of a potential Crash, it may transmit that and other information to Farmers® and/or its vendor(s)/licensor(s), third party service providers acting on behalf of Farmers and/or their vendor(s)/licensor(s), and/or to a 911 center or other emergency response professionals (e.g., police, fire department, paramedics, etc.). If a Crash is detected, the App may initiate automated call(s) or texts to your device, or push notifications or in-app message(s) through the App, for your response to confirm the Crash and determine whether you require an ambulance or tow service. If you affirmatively confirm the Crash and request an ambulance or tow, a call center through our vendor(s) can initiate dispatch of these services on your behalf to your device location. If you do not respond to attempts to reach you, we may, without your confirmation, initiate a 911 call for emergency assistance to your device location.
When CrashAssist is on, you expressly consent to allow Farmers and its vendors, licensors, and/or third party service providers to contact you or your device, including, but not limited to, by push notification, in-app message, text message, or phone call, including through use of an automatic telephone dialing system. You also consent that any call made to you or your device may be recorded.
If an ambulance or tow truck is dispatched, you agree to pay for the ambulance and/or tow out of your own pocket when service is dispatched and/or rendered unless you have applicable coverage on your policy for the affected vehicle. The dispatching of emergency or tow services by you or us shall not be deemed a determination of coverage under your policy. A claim needs to be opened by you or us for coverage to apply. You expressly acknowledge that you, not Farmers or its vendors, licensors, and/or third party service providers, are the contracting authority for any occurring emergency services through the use of CrashAssist, and as such you shall be solely liable for all costs, expenses and damages that arise from or are in connection with 911 emergency assistance received in connection with a Crash and your use of CrashAssist to the extent such costs, expenses and damages are not covered under your policy.
The App is intended to help detect major Crashes, but may not detect all Crashes; and some non-collisions may be falsely reported. CrashAssist will only be available while the App is installed and active and all technical requirements are met. CrashAssist is available to eligible policyholders in states where the App is available. CrashAssist will only detect Crashes and provide tow and ambulance services in the 48 contiguous United States, plus Alaska, Hawaii, and the District of Columbia; and only when CrashAssist is on, when the App is actively monitoring your driving behavior, and when all technical requirements are met.
FARMERS AND ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT OR GUARANTY THAT CRASHASSIST PROGRAM SERVICES WILL WORK IN ANY OR EVERY CIRCUMSTANCE, WILL DETECT AND/OR REPORT ANY OR ALL COLLISIONS, WILL COMMUNICATE WITH YOU OR US OR A 911 CENTER IN THE EVENT OF A CRASH, WILL CONTACT ANY ROADSIDE ASSISTANCE SERVICE, WILL AVOID ANY FALSE POSITIVES, OR THAT AN AMBULANCE OR TOW WOULD BE PROVIDED IF A CRASH OCCURS. WITHOUT LIMITATION, HARDWARE ISSUES OR FAILURES MAY PREVENT CRASH DETECTION, THERE MAY BE LIMITATIONS OR ERRORS IN THE ALGORITHM, PROCESSES USED BY THE APP MAY NOT FUNCTION PROPERLY, AND CRASHES MAY NOT BE DETECTED OUTSIDE OF THE UNITED STATES, OR IF YOU ARE LOCATED OUTSIDE OF YOUR WIRELESS SERVICE COVERAGE AREA FOR A PHONE, OR IF YOUR PHONE IS OTHERWISE NOT CONNECTED TO YOUR WIRELESS SERVICE PROVIDER’S NETWORK, OR FOR OTHER REASONS BEYOND OUR CONTROL. THE CRASHASSIST PROGRAM IS NOT A REPLACEMENT FOR 911. YOU ARE ENCOURAGED TO ALWAYS DIAL 911 IMMEDIATELY IN THE EVENT OF A SERIOUS CRASH, OR A CRASH INVOLVING INJURY. CRASHASSIST IS NOT A REPLACEMENT FOR 911 IN THE EVENT OF A CRASH, OR ONE THAT INVOLVES AN INJURY. FARMERS AND ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS ARE NOT LIABILE FOR THE ACTIONS OR INACTIONS OF ANY USER, 911 CENTER, EMERGENCY RESPONDER, ROADSIDE ASSISTANCE PROVIDER, OR ANY OTHER THIRD PARTY.
YOU UNDERSTAND THAT FARMERS AND ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS CANNOT ASSURE YOU, OR MAKE ANY GUARANTEES, ABOUT THE MANNER OR TIMELINESS OF THIRD PARTY EMERGENCY RESPONSE OR EVEN WHETHER THIRD PARTY EMERGENCY RESPONDERS WILL IN FACT RESPOND TO YOUR EMERGENCY AT ALL. IN NO EVENT SHALL FARMERS OR ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS BE HELD LIABLE: IN INSTANCES WHERE THE APP HAS BEEN HINDERED FROM OPERATING; FOR THE TIMELINESS OF THE RESPONSE OF EMERGENCY ASSISTIVE SERVICES OR THEIR FAILURE TO ARRIVE AT THE SCENE OF THE COLLISION; AND/OR WHERE THE CRASHASSIST PROGRAM FAILS TO OPERATE AS DESCRIBED OR EXPECTED. FARMERS AND ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER, EMERGENCY RESPONDERS, EMERGENCY CONTACTS OR PERSONS WE MAY CONTACT ON YOUR BEHALF, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER, EMERGENCY CONTACT OR OTHER THIRD PARTY IN ANY PARTICULAR SITUATION. THE CRASHASSIST PROGRAM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND WIRELESS COMMUNICATIONS THAT FARMERS AND ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS CANNOT CONTROL AND THAT MAY PREVENT FARMERS AND ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS FROM PROVIDING SERVICE TO YOU AT ANY PARTICULAR TIME OR PLACE OR THAT MAY IMPAIR THE QUALITY OF THE CRASHASSIST PROGRAM, INCLUDING, WITHOUT LIMITATION, HILLS, TALL BUILDINGS, TUNNELS, WEATHER, DAMAGE TO IMPORTANT PARTS OF YOUR DEVICE IN AN ACCIDENT, OR WIRELESS, OR OTHER PHONE NETWORK CONGESTION OR JAMMING. FARMERS AND ITS VENDORS, LICENSORS, AND/OR THIRD PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
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