The Terms of Service (the “Terms”) governs your access to and use of our products, services, and web site(s) (“Websites”) (referred to collectively hereinafter as the "Service," "Services," “they,” or similar terms that refer to the Services), including any content, functionality and purchase of such Services.
Please read the Terms carefully before you start to use our Services. By using our Services, you accept and agree to be bound and abide by these Terms of Service and our other policies incorporated herein by reference. These Terms constitute a binding legal agreement between you, as a user of the Services, and Embrace Pet Insurance (“Embrace”, “we” or “us”). If you have been authorized to, and are helping another person use the Services, these Terms constitute a legally binding agreement between both the helper (a “Representative”) and the person being helped and Embrace.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE TERMS, THEN YOU MAY NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THESE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
We reserve the right, at our discretion, to modify, replace, update or change (collectively, “amend”) any of these Terms at any time and for any reason. Any amendments to these Terms shall become effective upon posting by Embrace on the Website, via the Service or by sending you an email or other notification. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services after the date on which the Terms have changed, you agree to accept all such amendments to the Terms.
Privacy and your Personal Information
In addition to any other representations and warranties contained in this Terms of Service, you agree, by accessing or using our Services, that you have the authority, under the laws of the jurisdiction in which you reside, to make the following representations:
You are eighteen (18) years of age or older, or have obtained legal authorization from your parent or legal guardian; The information you provide to us and our affiliates is complete, accurate, and up-to-date;
If you are NOT a United States (“U.S.”) customer, you confirm that the use or access of our Services is not a violation of any export or import ban, or similar restriction in the country in which you reside;
You are not an insurance company or employer attempting to obtain information about an insured person or employee without their authorization; and
You waive your right to any research or commercial products that are developed by Embrace, its affiliates, or its collaborating partners.
In the event of a violation of the foregoing representations, Embrace has the right to suspend or terminate part of or the entirety of your account on a temporary or permanent basis at its sole discretion and without notice.
No Unlawful or Prohibited Use
As a condition of your use of our Services, you represent and warrant to Embrace that you will not use the Services:
For any purpose that is unlawful, misleading, malicious, or discriminatory, or prohibited by these terms, conditions, or notices;
To violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
To solicit login information or access an account belonging to someone else without their prior authorization;
To collect users' information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) or similar or equivalent manual processes to access, acquire, copy or monitor our Services without our permission;
To damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services;
For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way;
To impersonate or attempt to impersonate Embrace, a Embrace employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);
To transmit, or procure sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm Embrace or users of the Services or expose them to liability;
In any manner that could disable, overburden, damage, or impair the Services or interfere with other party’s use of the Services, including their ability to engage in real time activities through the Services;
To monitor or copy any of the material on the Services on a manual or automated basis, or for any other unauthorized purpose without our prior written consent;
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
Attempt to probe, scan, or test the vulnerability of any Embrace system or network or breach any security or authentication measures without the intent to report such vulnerability to Embrace;
Access, tamper with, or use non-public areas of the Services, Embrace’s computer systems, or the technical delivery systems of Embrace’s providers;
To attack the Services with a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise attempt to interfere with the proper working of the Services.
If you have knowledge of or suspicions that an individual is acting or has acted inappropriately in violation of our Terms of Service, you should immediately report such persons to Embrace by contacting us at email@example.com. If the misconduct is against the law or may be violating the law, you should report the person to the appropriate authorities and then to Embrace. You acknowledge and agree that your report to us does not obligate us to take any action beyond what is required by law or cause us to incur any liability to you or others.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content when using our Services. The software, technology, and other information made available through the Services are further subject to United States export controls and, potentially, the export and import laws of your jurisdiction. You agree that your data may be transferred or processed outside of the country in which you reside.
No software, technology or other information from our Services may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from our Services in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
We employ physical, technical and administrative safeguards to guard against unauthorized disclosure or access to your personal information. HOWEVER, YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND EMBRACE DOES NOT AND CANNOT GUARANTEE THAT PERSONAL INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS (SUCH AS HACKERS) WHO MAY USE VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE AND MALICIOUS DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE OUR SERVICES.
You are responsible for maintaining the confidentiality of your username and password, and for any activities that occur under your username or account. You agree not to provide any other person or entity with any part of or all of your account login information to our Services. You agree to notify us immediately of any unauthorized access to or use of your username or account or any other breach of security. You cannot and will not hold Embrace liable for any loss or damage arising out of your failure to comply with these Terms of Service.
Changes to Services
We reserve the right to refuse to offer the Services to any person or entity, or to change, withdraw, modify, limit, restrict, replace, suspend, discontinue, or amend (collectively, a “Change of Service”) our Services or any component thereof, including any services or materials we provide on or through the Services, on a temporary or permanent basis at our sole discretion and without notice. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated the Terms of Service.
You agree that we are not liable if for any reason all or any part of our Services are experiencing a Change of Service at any time or for any period. This provision is void where prohibited by law, and the right to access the Website or Services is revoked in such jurisdictions.
You understand and acknowledge that Embrace and its affiliates may charge a fee for any different or additional services or technologies not included in your initial purchase of the Services. Your initial purchase of our Services does not entitle you to any different or additional services or technologies Embrace may offer, and you may have to pay additional fees to obtain such future services or technologies.
The Services provide, and third parties may provide, links to other sites and resources on the Internet. Because Embrace has no control over such sites and resources, you acknowledge and agree that Embrace is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Embrace 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 use of, or reliance on any such content, goods, or services available on or through any such hyperlinked third party site or resource.
Embrace's Intellectual Property Ownership and Rights
You acknowledge and agree that Embrace (or Embrace's licensors, as applicable) owns all legal right, title, and interest in and to the Services and its entire contents, features, and functionality, including any intellectual property rights which subsist in the Services or content whether those rights happen to be registered or not, and wherever in the world those rights may exist. The Services and its contents are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Embrace Pet Insurance, Embrace, and other Embrace logos and product and service names are trademarks of Embrace and these marks, together with any other Embrace trade names, service marks, logos, domain names, and other distinctive brand features, are the "Embrace Brand Features." Nothing in these Terms of Service gives you a right to use any Embrace Brand Features without our explicit authorization. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services. You agree that you shall not, and shall not permit anyone else under your reasonable authority to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code or other basis of Embrace’s technology.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Services, your right to use the Services will be revoked immediately. In the event this happens, your right to use the Services will stop immediately and you must, at our discretion, return or destroy any copies of the materials you made. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Our Services allow you to submit, post, publish, display, or transmit content or materials to us, to the Services or to other users or persons (“User Contributions”). We host and provide access to this information for you, as well as tools that allow you to post and share User Contributions. You acknowledge and agree that Embrace and its designees have the right to pre-screen, filter, modify, refuse, or move any content that is available via the Services.
You grant us, and our affiliates, collaborating partners and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, translate, adapt, reformat, perform, display, distribute and otherwise disclose to third parties any such User Contributions for any purpose according to your account settings and our policies. We will not disclose any protected health information, financial information or self-reported information without your explicit consent, unless permissible or required by law. Please be aware that we cannot control and are not responsible for the distribution of any of your information that you share publicly.
You represent and warrant that you (i) own and control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) your User Contributions comply with the Terms of Service.
You acknowledge and agree that we cannot accept any liability for User Contributions, and you are fully responsible for such User Contributions, including their legality, reliability, accuracy, and appropriateness. You agree that you are liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties.
You acknowledge and agree that we may retain, disclose or remove any User Contributions if we believe that we are required to do so by law, or we deem such retention, disclosure or removal as necessary or appropriate in our sole discretion to (i) comply with our legal obligations or government requests; (ii) enforce this Terms of Service; (iii) respond to claims that any User Contributions violate the rights of third parties; and (iv) protect the rights, safety, or property of the Services, the public, or other users.
We encourage you to provide feedback, suggestions and comments for improvements to our Services (“Feedback”). You can submit Feedback by email, phone, or in writing. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Embrace and you hereby irrevocably assign to Embrace all of your rights, title, and interest in any and all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At our request and expense, you will execute documents and take further actions as Embrace may reasonably request to assist Embrace in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.
You agree to indemnify, defend and hold harmless Embrace, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your breach of this Terms of Service; your use of our Services; your violation of any rights of another individual; due to or arising out of your User Contributions you submit, post, or transmit through our Services; any connection to our Services; or due to or arising out of your disclosure of your Results or any other information to third parties. You agree to cooperate as reasonably required in the defense of any such claim. Embrace reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Embrace.
Embrace has no special relationship with or fiduciary duty to you. THE WEBSITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE 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. EMBRACE AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN (I) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, QUALITY, COMPATIBILITY, SECURITY, ERROR-FREE NATURE, OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES; (II) EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY USE OF OR RELIANCE ON THE SITES, CONTENT, OR SERVICES, OR FOR ANY DISRUPTIONS TO OR DELAY IN THE SITES, CONTENT, OR SERVICES; AND (III) DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL EMBRACE OR ITS EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, CONTENT PROVIDERS, OR THIRD PARTIES (COLLECTIVELY, “THIRD PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER INTANGIBLE LOSSES (HOWEVER ARISING, EVEN IF EMBRACE OR ITS THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SUBSTITUTE GOODS OR SERVICES; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES OR IN CONNECTION WITH OUR SERVICES; (F) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (G) ANY ACTIONS TAKEN BY EMBRACE OR ITS THIRD PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EMBRACE, LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES; (H) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY THE INDIVIDUAL OR ENTITY CLAIMING SUCH AUTHORITY.
THE MAXIMUM LIABILITY OF EMBRACE AND ITS THIRD PARTIES TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE REASONABLE ALLOCATIONS OF RISK AND ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Our Communications to You
Our notices to you may be made via either email or regular mail based on the information we have on file. To ensure that you receive our notices, please keep your contact information up-to-date. Embrace may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you on the Services. Official notices to Embrace related to this Terms of Service must be sent to:
Embrace Pet Insurance
PO Box 22188
Beachwood, OH 44122-0188
Phone: (800) 511-9172
General Legal Terms
Entire Agreement. These Terms of Service constitute the entire agreement between Embrace and you; provided, however, that certain provisions of this Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within our Services. You may also be subject to additional terms and conditions that may apply when you access or use the services, content or software of our affiliates, third parties or collaborating partners.
Governing Law. Except to the extent they are preempted by U.S. federal law, the laws of the State of Ohio without regard to conflicts of law principles govern any legal action or proceeding between Embrace and you arising out of or related to this Terms of Service, including your use and access to the Services or any other content. Any such legal action or proceeding will be conducted in the English language.
Arbitration. You agree that any dispute, claim, or controversy arising under or in connection with this Terms of Service, including your use and access to the Services or any other content shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s ("AAA") Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Ohio law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
You acknowledge and agree that both parties to this Terms of Service are giving up their constitutional right to have such dispute decided in a court of law before a jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other presentative proceeding. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in Cuyahoga County, Ohio, U.S.A.
If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state and federal courts of Cuyahoga County, Ohio or a United States District Court, Northern District of Ohio located in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
This arbitration agreement will survive the termination of your relationship with Embrace.
Headings. The section titles in the Terms of Service are for your convenience only and have no legal or contractual effect.
Assignment. You may not assign or delegate any rights or obligations under the Terms of Service, and any such attempts will be ineffective. Embrace can freely assign or delegate all rights and obligations under the Terms of Service in part or in its entirety without notice to you.
Severability and Waiver. A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
Other Terms. Claims made under the separate terms and conditions of purchase for goods or services, including pet insurance policies, are not subject to these Terms of Service.
These Terms of Services are effective: August 1, 2018.