As used herein, the term “Site” includes OttoMoto LLC “OM” mobile applications.
You acknowledge and agree that, OM and/or its affiliates and/or its licensors shall own all worldwide right, title and interest in and to the Site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the Site and pages within that domain, and all related code provided through the Site, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, “Materials”), including all worldwide intellectual property rights to the same, including without limitation, all United States, Canadian and worldwide patents, patent applications, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are expressly reserved to OM and its affiliates and licensors.
Material from the Site may not be copied, reproduced, distributed or modified, except that you may print and provide credit applications, financing contracts, disclosures, and other materials as expressly provided on the Site for use with Financing Sources, Dealers and/or consumers. Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the Site is a violation of copyright and other proprietary rights and the use of any such Material on any other web site or computer environment is strictly prohibited.
You may submit feedback, suggestions or comments (“Feedback”) that will universally enhance the Site. OM may, in its sole discretion, decide to incorporate some or all the Feedback into the Site. Notwithstanding anything to the contrary herein, to the extent any portion of the Site, or any versions thereof or enhancements thereto are not deemed owned by OM, you hereby assign all of your right, title and interest in the Site or any such Feedback or enhancements to OM. You will execute such documents as may be deemed reasonably necessary to accomplish the objectives of this Section. You grant OM a worldwide, perpetual, nonexclusive, sublicensable, royalty-free license to use, reproduce, distribute, transmit, disclose, display, modify and create derivative works of any content, data, information or other materials you submit and/or receive through the Site; provided, that, OM shall do so in accordance with applicable law and/or the applicable agreement between the party that authorized you to use the Site and OM, if applicable.
“OttoMoto” and the OttoMoto logos as well as other related marks which may appear on the Site (“Marks”), are the service marks and trademarks of OM and/or its affiliates. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
THIRD PARTY CONTENT; THIRD PARTY SITES
OM is a distributor and not a publisher of information supplied to the Site by you, other users or third parties. Any credit information, opinions, advice, statements, services, contracts, offers, or other information that is part of the Materials on this Site that is expressed or made available by third parties, including Financing Sources, aftermarket product companies, credit bureau reporting agencies and/or Dealers or any other user of the Site, are those of the respective authors or distributors and not of OM. OM ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO SUCH THIRD-PARTY INFORMATION. It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the Site, whether posted or provided by third parties or by OM.
The Site may contain hyperlinks to other web sites that are not operated by OM. OM does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between OM and their operators. Such hyperlinks are provided for your reference only.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
You represent, warrant and covenant to OM that:
You will comply at all times with all applicable federal, state, provincial and local laws, rules and regulations in your use of the Site and/or your use or disclosure of any data, information or materials you submit to or receive through the Site;
You will not use the Site to obtain the pay-off amount on any financial institution’s customer’s lease, loan or balloon account unless you have first received an express authorization from such customer to do so;
You will not, nor will you permit any other person, corporation or entity, without the prior written consent of OM to: (i) copy, duplicate or grant permission to the Site or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the Site; (iii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site or directly or indirectly permit any third party to use the Site; (iv) decompile or disassemble any software or other component of the Site or any report or document generated therefrom; (v) engage in any reverse engineering; (vi) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Site; (vii) export any application provided hereunder or any portion of the Site, or access the Site from outside the United States or Canada; or (viii) use OM’s name, URL, trademarks, server, or other materials in connection with, or to transmit, any “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users;
Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. “viruses”) that are designed to modify, damage, delete or disable the Site or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Site, or (iii) any embedded code that could trigger, shut down or disable the Site;
You have obtained all necessary licenses, releases and consents to grant the rights set forth herein;
You shall have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the Site and perform your obligations hereunder; and
You will comply with the security measures set forth below under the heading “SECURITY”.
If you are using the Site as an authorized user of a Dealer, you further represent, warrant and covenant to OM that:
Except for the credit applications, contracts and disclosures, vehicle payoff information, credit bureau reports and notices relating thereto that are specifically designated by OM as available to consumers, you will not show or display to any unauthorized person (including any customer), in printed form or in any other manner, any information on or related to the Site;
You will advise each credit applicant of the name and address of the financial institution(s) to whom the applicant’s credit application will be submitted prior to actual submission of their credit application through the Site; and
As required by applicable law, you will either (i) read verbatim or (ii) provide a printed copy of all credit application disclosures and/or notices set forth on the Site to each applicant and obtain each applicant’s consent to the terms in such disclosures and/or notices prior to submission of their application to any financial institution(s).
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. Because user authentication on the Internet is difficult, OM cannot and does not confirm any user’s purported identity.
THE SITE AND ANY APPLICATIONS, SERVICES, MATERIALS OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES OR INFORMATION OR MATERIALS.
IN ADDITION, OM DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OM SHALL GIVE NOTICE OF SUCH EVENT AS SOON AS POSSIBLE SO AS TO REDUCE THE POSSIBILITY OF THE VIRUS, MALWARE, OR OTHER HARMFUL COMPONENT FROM BEING SPREAD. OM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITE OR RESULTS OF THE USE OF THE SITE, SPECIFIC SERVICES OR APPLICATIONS PROVIDED THROUGH THE SITE, OR ANY MATERIALS OR INFORMATION ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, LEGAL COMPLIANCE OR OTHERWISE. YOU (AND NOT OTTOMOTO,LLC) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL OM BE LIABLE IN ANY WAY FOR ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS, INFORMATION OR RESULTS POSTED, EMAILED OR OTHERWISE RECEIVED OR TRANSMITTED VIA THE SITE.
NO RENDERING OF LEGAL ADVICE
IN NO WAY DOES ANY DATA, INFORMATION, CONTENT OR MATERIAL PROVIDED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, ANY CONTRACTS, DISCLAIMERS AND MENUS) CONSTITUTE LEGAL ADVICE. OM IS NOT ENGAGED IN THE PRACTICE OF LAW OR IN PROVIDING LEGAL SERVICES. ACCESS TO, TRANSMISSION OR RECEIPT OF OR RELIANCE UPON CONTRACTS OR OTHER MATERIALS, DATA, CONTENT OR INFORMATION FROM THE SITE DOES NOT CREATE AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU OR ANY OTHER PERSON AND OM AS LEGAL ADVICE MUST BE TAILORED TO THE SPECIFIC CIRCUMSTANCES OF EACH CASE, AND LAWS ARE CONSTANTLY CHANGING, NOTHING PROVIDED HEREIN SHOULD BE USED AS A SUBSTITUTE FOR THE ADVICE OF COMPETENT COUSEL LICENSED IN THE APPLICABLE JURISDICTION WITH REFERENCE TO THE PARTICULAR CIRCUMSTANCES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OM, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE, INFORMATION CONTAINED WITHIN THE SITE, OR RELIANCE ON ANY INFORMATION, MATERIALS OR RESULTS PROVIDED TO OR RECEIVED THROUGH THE SITE, EVEN IF OM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OM’S LIABILITY, IF ANY, RESULTING FROM YOUR USE OF THE SITE IS GOVERNED BY THE APPLICABLE AGREEMENT BETWEEN THE PARTY THAT AUTHORIZED YOU TO USE THE SITE AND OM, IF ANY. ANY LIABILITY THAT OM MAY HAVE PURSUANT TO SUCH AGREEMENT WOULD BE TO THE PARTY THAT AUTHORIZED YOU TO USE THE SITE AND NOT YOU PERSONALLY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES, APPLICATIONS, MATERIALS OR INFORMATION IS TO STOP USING THE SITE AND/OR THOSE SERVICES, APPLICATIONS, MATERIALS OR INFORMATION.
CONFIDENTIAL OR PROPRIETARY INFORMATION
NONDISCLOSURE OF CONFIDENTIAL OR PROPRIETARY INFORMATION
The Recipient of any Confidential or Proprietary Information from OM shall not disclose or distribute the Confidential or Proprietary Information to any third-party, nor reproduce any Confidential or Proprietary Information, except that the Recipient may disclose or reproduce the Confidential or Proprietary Information to the Recipient’s employees or agents who are required to have the information in order to evaluate or engage in discussions concerning a Proposed Transaction, and only to those representatives or employees who have signed a non-use and non-disclosure agreement in content at least as protective as the provisions hereof, prior to any disclosure of Confidential or Proprietary Information or use the Proprietary Information, except as required (i) in furtherance of the Purpose or (ii) as reasonably required by Recipient’s legal counsel, accountants or auditors. The Recipient shall hold Confidential or Proprietary Information in confidence using the same degree of care the Recipient affords its own. The Recipient shall receive, transmit and store all Confidential or Proprietary Information with at least industry standard security and encryption.
The Recipient shall have no obligation of confidentiality with respect to information received hereunder, which is (a) already known to the Recipient at the time of disclosure as evidenced by written records of the Recipient produced for the Company’s inspection within 14 days of disclosure of the information; (b) either known or becomes publicly known without the wrongful act or breach of this Agreement; (c)rightfully received by the Recipient on a non-confidential basis from a third party with a lawful right to disclose; or (d) approved for release to a third party by the written authorization of the Company.
The Recipient shall not be liable to the Company for the disclosure of Confidential or Proprietary Information that he is obligated to be disclosed by applicable law or court order provided that if such disclosure becomes necessary, the Recipient promptly notifies the Company in writing of such demand or obligation to enable the Company to seek, at its sole discretion, the appropriate remedy, or relief. Further, the Recipient agrees to furnish only that portion of the Confidential or Proprietary Information which is legally required to be disclosed. In no event shall any provision in this Agreement be interpreted to require either the Recipient to violate any lawful order.
Any information related to and provided for the Proposed Transaction and/or Purpose which is disclosed by the Company to the Recipient shall be treated as Confidential or Proprietary Information. All other information disclosed by the Company to the Recipient shall not be considered Confidential or Proprietary Information unless the Company indicates to the Recipient at the time of such disclosure that the information is proprietary and within thirty (30) days of such disclosure provides the Recipient with an appropriately marked writing which identifies the Confidential or Proprietary Information.
All Confidential or Proprietary Information (including, without limitation, all copies, extracts and portions thereof) is and shall remain the sole property of the Company. Nothing in this Agreement shall be construed to grant the Recipient any right, title, interest, or license in any Confidential or Proprietary Information received hereunder other than the right to evaluate such Confidential or Proprietary Information for the purpose of exploring of any business purpose or Proposed Transaction.
OttoMoto LLC may collect nonpublic personal information about you from the following sources: Information we receive from you on applications or other forms, whether in writing, in person, by telephone, electronically, or by other means. Information about your transactions with us, our affiliates, or others. This information may include your account balances, payment history, or account usage. Information we receive from a consumer reporting agency, including your credit-worthiness and account information.
OttoMoto LLC DOES NOT disclose any nonpublic personal information about you to anyone, except as permitted by law under the following circumstances: To regulatory authorities and law enforcement officials. To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. To our service providers to help us process your loan application or transaction. Our service providers include lenders, investors, etc.
OttoMoto LLC protects your confidentiality:
At OttoMoto LLC we take our responsibility to protect the privacy and confidentiality of client information very seriously. We restrict access to your personal nonpublic information to those individuals within our company who need to know that information to provide services to you associated with your loan transaction. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information.
We DO NOT provide any information about you to other companies for marketing purposes and our company does NOT maintain joint marketing agreements with non-affiliated third parties.
You agree not to use any functions on the Site which you are not authorized to use. Without limiting the generality of the foregoing, you agree not to use the Site to obtain credit bureau reports in any manner that would violate applicable federal, state or local laws. You agree to access and/or enter information on the Site with respect to the entity by which you are employed only, and not to access any other entity’s information.
You agree to protect your financial information by using the most secure encryption possible, and we specifically disclaim any and all responsibility for losses resulting from your use of encryption less than 128-bit.
MODIFICATION OR TERMINATION OF THE SITE
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by OM from its offices within the State of Georgia, U.S.A. OM makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Georgia by OM.
GOVERNING LAW AND JURISDICTION
ADDITIONAL TERMS APPLICABLE TO USE OF CREDIT BUREAU SERVICES
The following terms shall apply to your use of the credit bureau service, if any:
You represent, warrant and covenant that:
You will comply with all applicable federal, state and local laws relating to your acquisition and use of credit information and other and other personally identifiable financial information, including, without limitation, the Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996, 15 U.S.C 1681 (“FCRA”), and Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 – 6810 and its implementing regulations wherever promulgated;
With respect to California consumers, you shall comply with all applicable provisions of the California Consumer Credit Reporting Agencies Act, Cal. Civ Code et seq., as amended, and hereby certify that (i) you are using the credit bureau application in connection with your employment by a “retail seller” as that term is define in Cal. Civ. Code 1802.3 that issues credit to consumers who appear in person on the basis of applications submitted in person, (ii) prior to requesting a consumer report through the Site, you have inspected the applicant’s photo identification; (iii) you will only use the appropriate code number designated by the applicable credit reporting agency for accessing consumer reports for California consumers, (iv) if the address on the consumer credit report does not match the address on the application, you will take reasonable steps to verify the accuracy of the consumer’s address, and either communicate with the consumer by telephone or in writing to confirm that the credit transaction is not the result of identity theft; and (v) if you receive a consumer credit report with a clearly identifiable notification, consisting of more than a tradeline, that information in the report has been blocked as the result of identity theft, you will not extend credit without taking reasonable steps to verify the consumer’s identity and to confirm that the credit transaction is not the result of identity theft. This clause does not limit or otherwise restrict your duty to comply with clause (b) above;
With respect to Vermont consumers, you agree to comply with 9 Vermont Stat. Ann. 2480e and 2480g, and expressly agree to obtain the consumer’s consent before requesting a consumer report through the Site to the extent and in the manner required by Vermont law. This clause does not limit or otherwise restrict your duty to comply with clause (b) above; and
You will make inquiries and use any consumer reports you receive only for the following purpose and no other purpose: In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of the consumer.(THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.)
You shall use each consumer report only for a one-time use and will hold in strict confidence each consumer report you receive and not distribute a copy to any other party, except as required or permitted by any law or other lawful order.
ADDITIONAL TERMS APPLICABLE TO OTTOMOTO DIGITAL FINANCING PLATFORM
The following terms shall apply to your use of the OttoMoto Digital Financing Platform service, if any:
You represent, warrant and covenant that:
You shall provide each consumer with a legible paper copy of any contract that will be transmitted through the Site before the consumer executes any such contract and, if required by applicable law, you will timely provide the consumer with an exact copy of the fully-executed contract;
Each paper copy of contracts provided to consumers pursuant to clause (a) above will comply with all requirements of applicable law;
You will promptly disclose to each consumer, before the first instance where the consumer is directed to apply an electronic signature, that affixing an electronic signature is legally binding to the contract as a whole or to specific terms and provisions of the contract, as the context may be; and
You will not modify any contract other than to provide information in the fields designed to be customized.
You will comply with the OM System Rules for OttoMoto Digital Financing Platform and Vaulting Services for Three Party Contracts attached hereto as Exhibit A.
IN NO WAY LIMITING THE DISCLAIMERS SET FORTH ABOVE, OM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY CONTRACTS OR AGREEMENTS (COLLECTIVELY “CONTRACTS”) PROVIDED THROUGH THE SITE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, ENFORCEABILITY, LEGALITY, VALIDITY, BINDING EFFECT OR ADEQUACY OF SUCH CONTRACTS.
OM SYSTEM RULES FOR
1. Client Programs. Each Client Program (as defined hereinafter) to be provided by OM shall be evidenced as set forth in this Paragraph, with the pricing and payment terms provided by OM to Client for the specified OTTOMOTO® Products to be set forth in each Client Program Proposal (as defined hereinafter). OM agrees to provide each Client Program in accordance with the Client Specifications (as defined hereinafter).
2. Client Program and Specifications. “Client Program” shall mean the offering more particularly detailed in one or more proposals, Sales Quotes and/or Sales Orders provided by OM to Client (each being referred to as a “Client Program Proposal”) and the “Client Specifications” shall mean the program details that are set forth in each Client Program Proposal. The pricing and payment terms provided by OM to Client for the specified OTTOMOTO® Products shall be set forth in each Client Program Proposal.
3. Agreed Client Programs. Each Client Program shall be deemed to be agreed by the parties when evidenced by a signed Sales Order from OM detailing the Client Program and Client Specifications and a Purchase Order from Client accepting the Sales Order from OM, with any amendments or alterations to the foregoing being evidenced by a revised Sales Order and Purchase Order. If there are additional Client Specifications to be included in the Client Program that are not included in the Client Program Proposal, same shall be acknowledged by the parties by signing the writing on which they appear and upon doing so, such Client Specifications shall be added to and become a part of the agreed Client Program. Each Client Program may include multiple Client Program Proposals relating to different OTTOMOTO® Products that are being provided as part of the Client Program.
4. Multiple Client Programs. The parties acknowledge and agree that this Agreement contemplates the possibility of multiple Client Programs being made a part hereof, and if the parties agree to multiple Client Program Proposals with respect to any particular Client Program, or to multiple Client Programs, the parties acknowledge and agree that same shall be evidenced by additional specific Sales Orders and Purchase Orders which shall detail the agreement of the parties as described above.
5. Provision of Digital Financing Platform and Software Solutions. Each Client Program shall include access to certain features of the Digital Financing Platform through a username and password that will be provided by OM to Client prior to the launch of the Client Program.
6. Features Included. OM and Client acknowledge and agree that this Agreement is intended to cover a broad range of OTTOMOTO® Products offered by OM and that not all Client Programs will include all of the features described herein. Accordingly, it is the intention of the parties that only the provisions hereof that relate to the particular Client Program being provided by OM shall apply.
7. Software Solutions; Digital Financing Platform Capabilities and Performance. As part of the offering of OTTOMOTO® Electronic Content, OM provides certain program reporting, data collection, and rules and regulations (the “Software Solutions”) which have been demonstrated to Client and which are set forth in the Client Program Proposal. OM represents and warrants to Client the following: (a) that the Software Solutions shall meet the requirements of the Client Program and the Client Specifications; (b) that it shall provide the Software Solutions described in Schedule 1 attached hereto and incorporated herein by this reference in accordance with the minimum system requirements and specifications set forth therein; and (c) that the Digital Financing Platform and the Software Solutions shall have functionality and features which comply with the Client Specifications.
8. Mobile Content. If included in the Client Program Proposal, OTTOMOTO® Products shall include an opt-in mobile content delivery system driven by software and a technology platform that includes the delivery of optimized rich mobile content, including the mobile OTTOMOTO®, by way of MMS, Mobile Web, WAP and SMS messaging across all major operating systems, carriers and mobile phones and PDA devices, and references in this Agreement to content available for mobile devices shall only apply if such mobile content is being provided.
9. Additional OTTOMOTO® Products. In addition to OTTOMOTO® Electronic Content, the Client Program may include other OTTOMOTO® Products which shall be provided by OM at prices that will be set forth in separate Client Program Proposals which, when accepted by Client, shall become part of the Client Program.
10. Conditions of Sale. All sales of OTTOMOTO® Electronic Content and other OTTOMOTO® Products shall be subject to OM’s standard terms and conditions in effect from time to time which govern prepayment, extension of credit and other terms and conditions of the sale.
11. Collection and Ownership of Participant Data. As part of the Client Program, OM shall collect for the use and benefit of Client certain data from participants (“Participant Data”), all as more particularly set forth in the Client Program Proposal. All Participant Data collected shall belong exclusively to OM. OM shall provide Participant Data either periodically or at the conclusion of the Program, all as more particularly specified in the Client Program Proposal.
12. Information Regarding Intellectual property. All Client Programs containing OTTOMOTO® Electronic Content shall include such information regarding OM’s Intellectual Property as OM deems appropriate based on input from Client as a part of the website on which the OTTOMOTO® Electronic Content appears, with the location of same to be determined by OM in the exercise of its reasonable discretion after consultation with Client.
13. Ownership of Intellectual Property. Client acknowledges and agrees as follows: (a) that the Digital Financing Platform, the Software Solutions and the concepts and development involved in providing the Client Program belong solely to OM; (b) that OM is constantly changing and improving its offerings of OTTOMOTO® Products to address the needs of its clients and the marketplace; (c) that the design, development, engineering, provision and delivery of the Digital Financing Platform, the Software Solutions and the Client Program (the “OTTOMOTO® Platform Intellectual Property”) is primarily the result of the efforts of OM with input from Client; (d) that OM intends to use the OTTOMOTO® Platform Intellectual Property in the development of additional solutions that it will offer to its clients and their customers in the future; and (e) that Client has no right, title or interest in and to the OTTOMOTO® Platform Intellectual Property or the Client Program other than those rights and privileges granted herein.
14. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
GABI TERMS OF SERVICE
1. Acceptance of Terms of Service.
A. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
B. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
C. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
D. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
E. By registering for the Services, by opening an Account, and by accepting these Terms, you are expressly consenting to Gabi using your personal information for purposes of obtaining data on you from third party databases, including without limitation, credit agencies, state departments of motor vehicles and similar agency or services that collect vehicle and driver information, and/or the Comprehensive Loss Underwriting Exchange (also known as CLUE), an insurance claims history database generated by LexisNexis®.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
A. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
B. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
C. Privacy Laws. We handle User Content in compliance with privacy laws applicable to us, including the California Insurance Information and Privacy Protection Act (California Insurance Code sections 791 to 791.29).
User Content will be maintained in accordance with applicable California records retention laws, including Title 10, Cal. Code Regs sections 2190 to 2190.7.
D. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
E. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
F. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
G. Availability of Content. We do not guarantee that any Content subject to the license granted pursuant to section 4.E will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
5. Rules of Conduct
A. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
B. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: (1) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (2) you know is false, misleading, untruthful or inaccurate; (3) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; (4) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (5) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (6) impersonates any person or entity, including any of our employees or representatives; or (7) includes anyone’s identification documents or sensitive financial information.
C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
E. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
6. SMS Text Messaging Program
By consenting to Gabi’s SMS/text messaging service, you agree to receive SMS/text messages with service, transaction, account-related, and promotional news and alerts from Gabi to your mobile phone number provided, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using automated technology. Standard message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS/text messages, including charges from your mobile carrier.
You can unsubscribe from receiving promotional text messages at any time. Please note that unsubscribing from promotional SMS text messages will not prevent you from receiving SMS texts from Gabi directly relating to your use of the Service, such as account or security information that is necessary to provide the requested Service to you. To unsubscribe from promotional SMS texts, email firstname.lastname@example.org or reply STOP to any text message you receive from Gabi. You may receive one final text message from Gabi confirming your request.
7. Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
The information we provide is not and should not be construed as insurance advice. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. The Company is not responsible for determining the suitability of insurance coverage acquired through the Services. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the applicable insurance policy. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any decision to purchase insurance through the Services.
8. Payment and Billing
The Company does not currently charge for the Services but it reserves the right to do so in the future. In the event that any Services you are using will result in a fee, the Company will notify you in a commercially reasonable fashion.
The Company may be paid commissions by insurers from whom you elect to purchase insurance and these payments may vary based upon factors such as the amount of business that we place with an insurer or by other factors established by the Company or by the insurers.
As permitted by California law governing the termination of brokerage relationships, we may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. 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, warranty disclaimers, indemnity and limitations of liability.
10. Warranty Disclaimer
A. Except to the extent that we operate as your broker pursuant to section 1623 of the California Insurance Code, we have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: (a) which users gain access to the Services; (b) what Content you access via the Services; or (c) you may interpret or use the Content.
B. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
C. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
12. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) 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 PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
13. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
A. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
B. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
14. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
A. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
C. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
E. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
F. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
G. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
Gabi Personal Insurance Agency, Inc.
512 2nd St, 3rd Floor
San Francisco, CA 94107, USA
Effective Date of Terms of Service: September 16th, 2021
Effective date: September 23rd, 2021
We at Gabi Personal Insurance Agency, Inc. (“Gabi”, “we”, “our” or “us”) know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices.
Financial Products or Services: If you have or are seeking a financial product or service with us, we will use and share any nonpublic personal information that we collect from or about you in accordance with our GLBA Consumer Privacy Notice, which offers you certain choices with respect to the collection, use, sharing, and processing of your nonpublic personal information. This includes information we collect when you access or use the mobile application operated by Gabi to manage or conduct transactions.
Information You Provide to Us:
We receive and store any information you provide to us. For example, through the registration process, your account settings or when are you are seeking insurance quotes, or applying for insurance, we may collect Personal Information as follows:
Contact Information, such as your name, email address, and phone number.
Application and Registered User Information, such as insurance underwriting information, payment information, social security number, date of birth, driver’s license number, vehicle information. This is typically collected when you fill out applications for insurance or other forms such as claims forms, accident reports or underwriting worksheets.
Communications, including via email, chat, text, or phone, including voice recordings (as permitted by applicable law) if you speak with our representatives, or otherwise provide information to us through our website, email or paper correspondence, or otherwise. We may communicate with you regarding your insurance transactions with us or topics other than your insurance transactions with us if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services.
Information from Third Parties
Although we often collect the Personal Information described above directly from you, we also collect this information through service providers and other third parties that collect it on our behalf, as noted below.
Insurance Information, for example, we may obtain information regarding your insurance transactions, policies, or underwriting information from the insurance companies we contact to underwrite your insurance or from your current insurer.
Governmental Agencies (such as the Department of Motor Vehicles) and consumer reporting agencies information, including household information and driver risk (past incidents).
Insurance Claims, including related information from medical records and medical professionals.
Publicly Available Information, such as government records or public review websites.
Service Providers, which perform services solely on our behalf, such as survey and marketing providers, collect Personal Information and often share some or all of this information with us.
Information Providers, including information used to correct or supplement Personal Information or underwriting information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with an individual, information about your vehicles, or other information needed to obtain a quote for insurance or bind an insurance policy.
Business Partners, who may provide information about you or refer you to our service.
Information Collected Automatically
As is true of most digital platforms, we and our third-party providers may also collect Personal Information from an individual’s device, browsing actions and site usage patterns automatically when visiting or interacting with our Site, which may include:
Log Data such as internet protocol (IP) address, operating system, browser type, browser id, the URL entered and the referring page/campaign, date/time of visit, the time spent on our Site and any errors that may occur during the visit to our Site;
Analytics Data, such as the electronic path taken to our Site, through our Site and when exiting our Site, as well as usage and activity on our Site; and
Location Data, such as general geographic location based on the log data we or our third-party providers collect.
To manage cookies, an individual may change their browser settings to: (i) notify them when they receive a cookie, so the individual can choose whether or not to accept it; (ii) disable existing cookies; or (iii) automatically reject cookies. Please note that doing so may negatively impact an individual’s experience using our Site, as some features and offerings may not work properly or at all. Depending on an individual’s device and operating system, the individual may not be able to delete or block all cookies. In addition, if an individual wants to reject cookies across all browsers and devices, the individual will need to do so on each browser on each device they actively use. An individual may also set their email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether they have accessed our email and performed certain functions with it.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
Will Gabi share any of the Personal Information it receives?
We may share your Personal Information with third parties as described in this section: Information that’s no longer personally identifiable. We may anonymize your Personal Information so that you are not individually identified and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual.
Legally Required Disclosures. We may disclose Personal Information about you to a State Insurance Division or Department of Insurance or other insurance regulatory authority, law enforcement, or other governmental authority in order to protect our interests or if we are required by law to divulge the information.
Information Required for the Conduct of Your Insurance Transactions. We may disclose Personal Information about you to a third party if the disclosure will enable the third party to perform a business professional or insurance function for use, including insurance carriers, technical service providers, credit reporting agencies, and our attorneys and auditors. We may also disclose Personal Information about you to other contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
Advertisers. We may allow advertisers and/or partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach. For more information, please see How does Gabi use third-party tracking technologies for online advertising? below. Business partners. In certain situations, businesses or third-party websites we’re partnering with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when a business partner is associated with such a transaction or service, and we will share your Personal Information with that business partner only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third-party account. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review their policies.
Agents. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing Gabi to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
User Profiles and Submissions. Certain user profile information, including your name, location, and any video or image content that you have uploaded to the Services may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Additionally, if you sign into the Services through a third-party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. Again, we do not control the policies and practices of any other third-party site or service.
Business Transfers. We may choose to buy or sell assets. In these types of transactions or in contemplation of a transaction, Personal Information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of Gabi and Others. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Service at gabi.com/terms and other agreements; or protect the rights, property, or safety of Gabi, our employees, our users, or others.
How does Gabi use third-party tracking technologies for online advertising?
To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at https://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting https://youradchoices.com/appchoices and downloading the mobile AppChoices app.
Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use.
Is Personal Information about me secure?
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We use certain physical, administrative, and technical safeguards that are designed to protect the integrity and security of your information. We cannot, however, ensure or warrant the security of any information you transmit to us through the Services, and you do so at your own risk.
What choices do I have?
Updating Your Information
Once you have registered for an account, you may update or correct your profile information and preferences at any time by accessing your account settings page through the Site or the app.
Deactivating Your Account
We do not delete information about you upon deactivation of your account. Although your deactivated status is reflected promptly in our user databases, we may retain the information you submit for a variety of purposes, including legal compliance, backups and archiving, prevention of fraud and abuse, and analytics. Upon deactivation, you will no longer receive emails from Gabi and links to third-party financial accounts and services will automatically terminate.
Unsubscribing from Emails
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, correction of user data, change of password, and other similar communications essential to your transactions through the services) by using the unsubscribe process at the bottom of any marketing email from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Correcting Credit Reports
Information related to your creditworthiness is maintained by the credit bureaus. If you find that there is an error or you want to dispute the information found in your credit report, please contact the credit reporting bureaus.
Gramm-Leach-Bliley Act Data
Please see our GLBA Consumer Privacy Notice for more information about how you can limit your sharing options in connection with Gramm-Leach-Bliley Act (“GLBA”) data.
Does Gabi collect children’s information?
We do not knowingly collect or solicit Personal Information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to email@example.com, and we will try to resolve your concerns.
What rights do California residents have under the California Consumer Privacy Act?
California law requires us to disclose to California residents certain information regarding the categories of personal information we collect. For purposes of this section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, such as the Fair Credit Reporting Act, GLBA or the Driver’s Privacy Protection Act of 1994. This section does not apply to information relating to our employees, contractors, applicants and other personnel.
Collection and use of personal information. We collect personal information from and about you for a variety of purposes. For example, we use personal information to fulfill your requests, process your transactions and provide our Services to you; to communicate with you; for marketing and advertising purposes; to monitor, improve, and develop our products and Services; and to protect the security and integrity of our business, comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law.
In the last 12 months, we have collected the following categories of personal information:
Identifiers, such as your name, address, phone number.
Internet/Network information, such as device information, logs and analytics data;
Geolocation data, such as precise location data from your device or generated based on your IP address; and
Inferences about your interests and preferences, generated from your use of our sites.
We collect this information directly from you, from our business partners and affiliates, from your browser or device when you visit our websites, or from third parties that you permit to share information with us. For more information on our collection and use of your information, please see the section headed What information does Gabi collect and how does Gabi use such information?
Disclosure of Personal Information. We share personal information with third parties for business purposes (see Your CCPA Rights and Choices below). The categories of third parties to whom we disclose your personal information may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors, (iii) marketing and strategic partners; (iv) ad networks and advertising partners; (v) analytics providers; and (vi) social networks.
In the previous 12 months, we have disclosed the following categories of personal information to third parties for a business purpose:
In the previous 12 months, we have not “sold” personal information to third parties.
Your CCPA Rights and Choices. As a California resident, you may be able to request to exercise the following rights:
The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
The specific pieces of personal information we have collected about you;
The categories of personal information we have collected about you;
The categories of sources of the personal information;
The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
The categories of personal information we have sold and the categories of third parties to whom the information was sold; and
The business or commercial purposes for collecting or selling the personal information.
The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.
The Right to Opt Out of Personal Information Sales to third parties in the future.
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
To Submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through the mechanism described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
To Exercise Your Right to Request, Know or Delete
To exercise your California consumer rights to request, know or delete, please send us an email at firstname.lastname@example.org with the subject line “CCPA Request.”
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email, phone, or address.
In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in these Disclosures where we can verify the authorized agent’s authority to act on your behalf by:
For requests to know or delete personal information: (i) receiving a power of attorney valid under the laws of California from you or your authorized agent; or (ii) receiving sufficient evidence to show that you have: (a) provided the authorized agent signed permission to act on your behalf; (b) verified your own identity directly with us pursuant to the instructions set forth in these Disclosures; and (c) directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
GLBA Consumer Privacy Notice
This Notice is effective as of September 16th, 2021
Why Do Gabi and its Affiliates Collect Non-Public Personal Information?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What Do Gabi and its Affiliates Do With Non-Public Personal Information?
To provide you with insurance products and services, Gabi may collect or obtain Gramm-Leach-Bliley Act (“GLBA”) non-public personal information (“NPI”) through an interaction with you, an affiliate, or a non-affiliated third party, or automatically from your computer or device. The types of NPI we collect depends on the product or service you expect from us and may include:
Information that you submit to Gabi in applications of other forms, such as your name, address, phone number, date of birth, social security number, employment, and assets.
Information regarding your transactions or history with Gabi, our affiliates, or our business partners, including transaction history, policy coverage, payment history, and claims history.
Information provided to Gabi by third parties such as your bank(s), other insurer(s), as well as credit reporting agencies or government agencies for the purpose of verifying the accuracy of our records.
How We Share Non-Public Personal Information
We may share some of the NPI as follows:
We may also disclose NPI with our Affiliates in order for our Affiliates to provide services at our direction and on our behalf, or in connection with a proposed or final sale or merger of insurance business or for study purposes, but such disclosure, if any, is made confidentially and the recipient is bound by nondisclosure and use restrictions.
How We Protect Non-Public Personal Information
We take reasonable steps to protect the privacy of your NPI by restricting access by our personnel on a need-to-know basis in connection with our providing services to you and by safeguarding it from unauthorized individuals by limiting access to our databases. We give access only to employees who need to know the NPI to provide insurance products or services to you.
Although Gabi uses administrative, technical, and physical safeguards to protect the confidentiality and security of your NPI, it should be understood that we cannot guarantee complete security or accuracy of all customer information. We ask that you assist our security efforts by maintaining the privacy of all computer passwords that you use to connect with Gabi and to encrypt confidential information transmitted to us over the internet.
Applicability of Gabi Practices
Our practices described above regarding NPI apply to our former, current, and future customers.
Retention Period for Non-Public Personal Information
We maintain NPI about you for as long as we provide products or services to you. We may maintain your NPI for a longer period if necessary for related business activities or as required by law. For our former customers, your NPI is subject to the same security protections, as well as the same use and disclosure restrictions, as is our current customers’ NPI. When NPI is no longer reasonably required for our business purposes or compliance with applicable law, we will return or destroy the information.
Access to Non-Public Personal Information
You may request access to certain NPI we collect to provide you with insurance products and services. You must make your request vis email at email@example.com. The email should include your full name, address, telephone number, and policy number (if applicable). If we validate your request, we will send you a copy of your NPI to the address provided.
Please note this section only applies to NPI Gabi collects or obtains to provide you with insurance products or services.
Correction of Non-Public Personal Information
If you believe the NPI we have about you is incorrect, please email us at firstname.lastname@example.org. Please include in your letter your full name, address, telephone number, policy number (if applicable), the NPI you request that we correct, and an explanation of why you believe your NPI is inaccurate. If we agree with you and are not legally prohibited from making the requested change, we will make the requested corrections to your NPI and notify you of the correction.
If we disagree with you or are not in position to make the requested change, such as because we do not maintain the NPI you requested us to correct, we will tell you why we are not going to make the requested correction. We will also tell you that you may submit a statement to us describing why you believe the NPI is correct. It should also include the reason(s) why you disagree with our decision not to correct the NPI in our files. We will file your statement with the disputed NPI.
California Notice Regarding Non-Public Personal Information
Under California law, we will not share information we collect about you with companies outside of Gabi, unless the law allows. For example, we may share information with your consent, to service your accounts, or to provide rewards or benefits you are entitled to. We will limit sharing among our companies to the extent required by California law.
Gabi Personal Insurance Agency, Inc., a part of Experian, is a licensed insurance agency that offers insurance products from our network of top-rated insurance companies. We receive a commission, and possibly other performance-based compensation, from insurance companies for our services. You may ask for more information about commissions by emailing us at email@example.com. Some products not available in certain geographies. Quotes are subject to approval by the insurance carrier.
Updated October 12, 2022