RabbittApp Terms and Conditions
Terms of Service
A “Service” is a RabbittApp Service ordered by a Customer.
- Unless otherwise specified, the Term of the License granted above and during which the Services are rendered under this Agreement will be until RabbittApp or Customer terminates the agreement.
- Customer will pay for the Service on either a per application submission basis, at time of submission, or on a subscription basis for use by Customer. Payment for the Products and Services subject to this Agreement shall be made by valid credit/debit card or ACH bank draft acceptable to RabbittApp, provided by you at the time of your enrollment or subsequently updated by you. Per-Application fees for successfully submitted applications are non-refundable. Subscription fees have a 30 day refund policy for the initial payment.
- RabbittApp may terminate or suspend the License herein granted and the services it performs under this Agreement for the reason of nonpayment by you. RabbittApp may, at its sole election, reactivate the License and such services upon your payment of any outstanding charges, plus applicable re-activation fees.
- ACCURATE INFORMATION
You agree to: (1) provide certain true, current, complete and accurate information (the “Registration Data”) about you as required by the application process; and (2) maintain and update according to our modification procedures the Registration Data you provided to us when purchasing our services as needed to keep it current, complete and accurate. In any event, you are solely responsible for the credit card or bank account information you provide to RabbittApp and must promptly inform RabbittApp of any changes thereto (e.g., change of expiration date or account number). We are neither responsible for any consequences resulting from your failure to provide notice nor for your providing outdated, incomplete or inaccurate information.
In cases where you choose to receive services from third parties associated with RabbittApp, you grant the right to disclose your individual Registration Data to those third parties in order to fulfill service offers. You also understand that third party services have individual policies towards the privacy of customer information, which may differ from those stated herein.
RabbittApp considers the consumer data collected from the quoting and enrollment product, and to be private. Except as provided in Sections 2 and 3 above, RabbittApp will not intentionally disclose any data entered or Customer Data unless required by law. RabbittApp will also not share Customer’s client data with any other Customers.
- ACCOUNT ACCESS
To access or use the RabbittApp services or to modify your account, you may be required to establish an account and obtain a login name and password. You authorize us to process any and all account transactions initiated through the use of your login. You are solely responsible for maintaining the confidentiality of your login. You may not allow anyone other than yourself to use your login for any purpose. You must immediately notify us of any unauthorized use of your login, and you are responsible for any unauthorized activities, charges and/or liabilities made through your account. In no event will we be liable for the unauthorized use or misuse of your login name, account number or password.
You agree that, if your agent, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
- ACCEPTABLE USE
You agree to be bound by the applicable provisions of the RabbittApp Acceptable Use Policy, incorporated herein and made part of this Agreement by reference.
RabbittApp’ quotes are verified through extensive internal and insurance company testing. RabbittApp quotes use information consumers provide on our detailed questionnaires. However, these quotes could change based on additional or contradictory information that emerges during the final insurance underwriting process.
- EXCLUSIVE REMEDY
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY RABBITTAPP SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL RABBITTAPP, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SERVICE FOR WEBSITES FROM RABBITTAPP) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF RABBITTAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN RABBITTAPP’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.
RabbittApp and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from data non-delivery or data mis-delivery; (2) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (3); loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from acts of god; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store data; (7) loss or liability resulting from the development or interruption of your web site or your RabbittApp quote engine; (8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the service (for websites from RabbittApp); (9) loss or liability that you may incur in connection with our processing of your application for our services or your agent’s failure to pay any fees, including the initial registration fee or renewal fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in XML, JSP or any other standard not under RabbittApp sole control.
You acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, RabbittApp can make no guarantee that any given reader shall be able to access RabbittApp’ server at any given time. RabbittApp represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible; RabbittApp expressly limits its damages to the Client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. RabbittApp specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
- DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS’ SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RABBITTAPP NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
You agree to release, indemnify, defend and hold harmless RabbittApp and any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of (a) the RabbittApp services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (b) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (c) any violation of RabbittApp’ Acceptable Use policy or other operating rules or policies communicated to you by RabbittApp during the course of this Agreement, (d) any intellectual property or other proprietary right of any person or entity, (e) infringement (f) any information or data you supplied to RabbittApp, including, without limitation, any misrepresentation in your application, if applicable, (g) the inclusion of meta-tags or other elements in any website created for you or by you via the RabbittApp services, or (h) any information, material, or services available on your licensed RabbittApp Web Site. The terms of this paragraph will survive any termination or cancellation of this Agreement.
- By RabbittApp. We may terminate the License granted under this Agreement or any part thereof, this Agreement, or any part of the RabbittApp Services rendered under this Agreement:
- immediately if, after seven (7) days’ prior notice, you have failed to cure, to RabbittApp’ sole satisfaction, any inaccuracy or incompleteness of the information requested from you under Section 2 of this Agreement;
- immediately if RabbittApp determines, in its sole discretion, that you have violated the RabbittApp Acceptable Use Policy, or have made any other breach of your obligations under this Agreement;
- upon thirty (30) days’ prior notice, if RabbittApp terminates or significantly alters a Product or Service offering.
- By Customer. To cancel your Service you must submit your written notice of cancellation to RabbittApp and include the following information: (i) Your company name and the account holder’s name; and (ii) your reason for requesting cancellation. Unless otherwise agreed to in writing (in either paper or electronic form), your Service will be canceled as of the expiration of the current term in which your notice was received. Unless otherwise specified in writing by RabbittApp, of if within 30 days of the service activation, you will not receive any refund for payments already made by you as of the date of termination. If you are canceling your Service because we have modified this Agreement, to be entitled to a waiver of further fees, your notice must be given to us within thirty days of such modification, and you must specifically state, in your notice, that you are terminating because we have modified the Agreement and must further specifically identify the modification(s) to which you do not agree.
- EFFECT OF TERMINATION. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the RabbittApp service, if applicable. In addition to the terms set forth herein, certain RabbittApp services may have additional terms regarding termination, which are set forth in the applicable Schedule.
- MODIFICATIONS TO AGREEMENT
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (a) revise the terms and conditions of this Agreement; and/or (b) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on RabbittApp Web sites, or upon notification to you by e-mail. By continuing to use RabbittApp services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. If you do not agree to such revisions or changes, you may cancel the Service by sending RabbittApp a notice, as set forth herein, within thirty days of the posting or notification to you of any such modification or change, stating that you are canceling the Service because of a modification of this Agreement, and particularly pointing out the modification(s) to which you do not agree.
- NOTICES AND ANNOUNCEMENTS
(a) Except as expressly provided otherwise herein, all notices to RabbittApp shall be in writing (either paper or electronic format) and delivered either via email to service@RabbittApp.com, or via postal mail to RabbittApp, LLC, 630 Fairview Rd, Suite 201, Swarthmore, PA 19081. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement). (b) You authorize us to contact you as our customer via telephone, at the number provided by you in your account information, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, and other notices describing changes, upgrades, new products and services or other relevant matters.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
You acknowledge that if you breach this Agreement, RabbittApp’s damages from such a breach would be difficult to calculate and that RabbittApp would suffer irreparable harm. Therefore, you agree that RabbittApp, in addition to any legal remedy for damages to which it would be entitled in the event of your breach, is entitled to equitable relief, including but not limited to preliminary and permanent injunctive relief. In the event of your breach of this Agreement, you agree to pay all reasonable attorneys’ fees and costs of RabbittApp in enforcing this Agreement.
- APPLICABLE LAW
CONSENT TO JURSDICTION AND VENUE. Without regard to its conflicts of laws’ provisions, the laws of the State of Delaware will be used to construe this Agreement. You consent to the exclusive jurisdiction and venue of state and federal courts resident in New Castle County, Delaware to adjudicate any dispute arising out of this Agreement.
Scope of Use
Subject to the terms and conditions of this Agreement, including, without limitation, Customer’s payment of all amounts payable hereunder, RabbittApp hereby grants to Customer a limited, non-exclusive, non-assignable, non-transferable license, solely during the term of this Agreement, to access and use RabbittApp Products and Services specified on the Sales Agreement submitted by you to RabbittApp and accepted by RabbittApp.
Any other commercial use or exploitation of RabbittApp Products and Services or any content, code, information, data or other materials on or through RabbittApp Products and Services is strictly prohibited. In no event shall Customer’s use of any trademark, trade name, service mark, icon, logo or other indicator of RabbittApp without RabbittApp’s advance, express, written permission in each instance. The license granted herein is granted solely to Customer, and not, by implication or otherwise, to any parent, subsidiary or affiliate of Customer. All rights not expressly granted hereunder are reserved to RabbittApp.
Customer shall be responsible for any access to or use of RabbittApp Products and Services by Customer or any person or entity using a password provided by RabbittApp to Customer, whether or not such access or use has been authorized by or on behalf of Customer, and whether or not such person or entity is an employee or broker of Customer. Customer represents, warrants and covenants that it shall use RabbittApp Products and Services only for lawful purposes and in conformance with these Terms and Conditions, and that all information provided by Customer to RabbittApp relating to this Agreement, whether via online forms or otherwise, is accurate and complete. RabbittApp shall have the right, in its sole discretion, to deactivate, change and/or delete Customer’s password(s) (if applicable). RabbittApp may upgrade, modify, change or enhance RabbittApp Products and Services and convert Customer to a new version thereof at any time in its sole discretion.
RabbittApp Acceptable Use Policy
During the course of using RabbittApp’s products and services, you agree to conduct your business activities in a way which will not violate any federal or state law, which will conform to a high standard of business ethics, and which will maintain the good business reputation of RabbittApp and its other Customers. In particular and without limitation, you agree not to do any of the following:
- Engage in false advertising or in any fraudulent or deceptive business practice;
- Violate any state or federal law relating to the marketing or sale of insurance policies;
- Post, distribute, or otherwise make available or transmit any data, text, medium or computer file that (a) infringes any right of a third party under any domestic or international law, including but not limited to copyright, patent, trademark, trade secret or other proprietary right (for third party claims of copyright infringement, RabbittApp will follow the procedure set forth in Part B below); (b) violates any right of privacy or publicity of a third party in the absence of such third party’s express permission to disseminate his or her personal information, voice or likeness;
- Post, distribute, or otherwise make available or transmit any data, text, medium or computer file, that RabbittApp, in its sole discretion, deems to be: (a) defamatory, abusive, harassing, insulting or threatening; (b) bigoted, hateful, or offensive; (c) vulgar, obscene, or sexually explicit; or (d) encouraging of or advocating illegal activity or discussing illegal activities with the intent to commit them;
- Post, distribute or otherwise make available or transmit any software or files that contain a virus or other harmful component;
- Delete any legal notices or disclaimers, including but not limited to copyright and trademark symbols, or modify any marks which you do not own or have express permission to modify.
- Impersonate any person or entity or misrepresent your identity or affiliation with another person or entity;
RabbittApp reserves the right to remove or disable access to any material which falls within one or more of the above categories.
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