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Polly Terms of Service

Last Updated: October 21, 2022

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND POLLY TECHNOLOGY ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

These Terms of Service (“Terms”) are between you, whether personally or on behalf of an entity (“you”), and Polly Insurance Agency, LLC (“Polly”) concerning your use of the website currently located at http://www.polly.co and any other websites owned or operated by or on behalf of Polly (the \"Websites\"), and the software applications made available by or on behalf of Polly for use on or through computers and mobile devices, including Polly for Dealers, Polly Marketplace, and Polly for Partners (collectively, the \"Apps\"). The Websites and Apps (and any materials and services made available by Polly through them) are referred to collectively in these Terms as \"Polly Technology.\"

Your use of Polly Technology constitutes your consent and agreement to these Terms, which incorporate our Privacy Policy. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU MUST NOT ACCESS OR USE THE POLLY TECHNOLOGY.

Polly may change these Terms at any time. Any changes will become effective when the revised Terms are posted on the Polly Technology or you are otherwise notified of such changes. Your use of the Polly Technology following these changes means that you accept the revised Terms.

IF YOU ARE USING THE POLLY TECHNOLOGY ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS.

The Polly Technology, including all source code, databases, software, and trademarks, is controlled and operated from the United States, and is not intended for distribution to or use by any person or entity in any other jurisdiction. The Polly Technology may not be appropriate or available for use in some non-U.S. jurisdictions. You are responsible for complying with all applicable laws, rules, and regulations in using the Polly Technology.

Not all of the products or services described in the Polly Technology are available in all areas and you may not be eligible for them. The Polly Technology is intended for users who are at least 16 years old. If you are under the age of 16, you are not permitted to access, register, or use the Polly Technology.

License to Use the Polly Technology

Subject to these Terms and our policies, including policies made available to you with the Polly Technology, we grant you a limited, non-exclusive, personal, non-transferable, and revocable permission to access and use the Polly Technology, provided that (i) you comply with these Terms and (ii) you do not copy, modify, or distribute any part of the Polly Technology without our express prior written permission.

User Content

The Polly Technology may allow you to submit, directly or through a third party such as an auto dealership, certain information about you and items you want to insure, information about other persons connected to your policy, and other data or information (collectively, “User Content”). You agree that any User Content will be accurate and you will update it as necessary. By providing User Content to Polly, you grant Polly a royalty free, worldwide, fully sublicensable, and irrevocable right and license to display, perform, distribute, modify, reproduce, and use the User Consent in connection with the Polly Technology and in accordance with our Privacy Policy. You agree that Polly may make the User Content available to third parties, including Polly’s service providers, insurance carrier partners, and others with whom Polly has contractual relationships. Polly may also disclose User Content to any third party if Polly reasonably believes it is required to comply with Polly’s legal obligations.

Submissions

When you submit any information, questions, comments, feedback, suggestions, ideas, and/or proposals relating to the Polly Technology or any other product or service to Polly through the Polly Technology or any other channel (including by talking to a Polly insurance agent) (“Feedback”), you acknowledge and agree that: (i) you aren’t prohibited by any third party from providing us the Feedback; (ii) the Feedback does not contain any confidential or proprietary information; (iii) Polly is entitled to use or disclose (or choose not to use or disclose) Feedback for any purpose and in any lawful manner Polly may choose; (iv) all Feedback automatically and without any further payment or consideration becomes the property of Polly without any obligation to you; and (v) you waive all moral rights to any Feedback. For the avoidance of doubt, any personal information submitted through the Polly Technology, whether as User Content, Feedback, or otherwise, remains subject to the Polly Privacy Policy.

Prohibited Activities

You may not, under any circumstance, use the Polly Technology for any illegal purpose. You also may not:

Use the Polly Technology for anyone other than yourself;
Submit false information;
Use the Polly Technology to post, transmit, or otherwise make available any information that is unlawful, defamatory, libelous, illegal, tortious, or other otherwise objectionable to Polly;
Use the Polly Technology for a commercial purpose or use the Polly Technology, or information or content from the Polly Technology, to provide another product or service;
Create a derivative work from the Polly Technology;
Harvest, collect, copy, or transfer information about users of the Polly Technology;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Polly Technology, or any part thereof;
Remove any copyright, trademark, or other proprietary rights notices contained within the Polly Technology;
Engage in “framing” or mirroring of the Polly Technology;
Engage in any activity that disrupts, interferes with, or hijacks the normal operation of the Polly Technology; and
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, \"scrape,\" \"data mine,\" or otherwise gather content of the Polly Technology, or reproduce or circumvent the navigational structure or presentation of the Polly Technology.

J.D. Power Data

The Polly Technology may enable you to access certain information (the “JDP Data”) that Polly has licensed from J.D. Power (“JDP”). In addition to the other terms in these Terms, you agree to the following with respect to the JDP Data:

JDP grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the JDP Data solely by and through the Polly Technology. You acknowledge and agree that the JDP Data is provided under license, and not sold, to you. You do not acquire any ownership interest in the JDP Data, or any other rights thereto. You will not, or permit any third party to, modify, reverse engineer, decompile, disassemble or otherwise use the JDP Data except as provided herein.
The JDP Data may not be used separate from or independent of the Polly Technology. The use of the JDP Data is limited to users of the Polly Technology. The JDP Data is provided “as is” and JDP makes no warranty, express or implied, including regarding the accuracy of JDP Data. IN NO EVENT WILL JDP OR ITS AFFILIATES OR LICENSORS HAVE ANY LIABILITY ARISTING FROM OR RELATED TO YOUR USE OF THE JDP DATA FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR DIRECT DAMAGES IN EXCESS OF $100.
JDP is a third-party beneficiary under this Agreement and may enforce its rights directly against you.

Activities by Unlicensed Parties

Part of Polly’s business is the operation of an insurance referral network where third parties refer consumers to Polly. State laws generally permit unlicensed parties to make insurance referrals but prohibit unlicensed parties from selling, soliciting, or negotiating insurance. Polly’s referral network is designed to comply with all applicable laws and Polly expressly prohibits any of its partners from making a referral to Polly that violates any applicable law, rule, or regulation. By using the Polly Technology, you agree that a third party has not attempted to sell you insurance or asked or urged you to apply for a particular king of insurance from a particular company, or otherwise referred you to Polly in any way that violates any applicable law, rule, or regulation.

Insurance Services

Polly may offer you a quote for insurance through the Polly Technology or through other means, including email and telephone calls and texts. All quotes provided by Polly are estimates based on the information you provided and are not a contract, binder, or agreement to provide you insurance coverage at the quoted price. Any coverage descriptions within the Polly Technology are general descriptions of available coverage.

Disclaimer

The Polly Technology may make available listings, links, services, and descriptions and images of goods or services (collectively, \"Products\"). Such Products may be made available by third parties (\"Third Party Products\").

THE POLLY TECHNOLOGY AND ANY PRODUCT AND THIRD PARTY PRODUCTS ARE MADE AVAILABLE TO YOU \"AS IS\" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. POLLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE POLLY TECHNOLOGY AND ANY PRODUCTS AND THIRD PARTY PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION: THAT THE POLLY TECHNOLOGY WILL BE UPDATED, COMPLETE, CORRECT, OR SECURE; AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE ON BEHALF OF BOTH POLLY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE \"AFFILIATED ENTITIES\").

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, POLLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE POLLY TECHNOLOGY, OR FROM ANY INFORMATION OR CONTENT ON OR MADE AVAILABLE TO YOU THROUGH THE POLLY TECHNOLOGY, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OF ANY KIND. WITHOUT LIMITING THE PREVIOUS SENTENCE, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CAUSES OF ACTION RELATED TO THE POLLY TECHNOLOGY, WHETHER IN CONTRACT OR TORT, SHALL BE $50. IN THE EVENT YOU ARE DISSATISFIED WITH THE POLLY TECHNOLOGY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE POLLY TECHNOLOGY.

APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN WARRANTIES, OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any controversy or claim arising out of or relating to (a) your use of, or activities in connection with, the Polly Technology; (b) Polly’s services provided pursuant to these Terms; and (c) Polly’s alleged violation of these Terms (“Claim”) shall be resolved by binding individual arbitration and any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such judgment or award.

YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY CLAIM. YOU AND POLLY EACH EXPRESSLY DELEGATE TO THE ARBITRATOR THE AUTHORITY TO DETERMINE THE ARBITRABILITY OF ANY CLAIM, INCLUDING THE SCOPE, APPLICABILITY, VALIDITY, AND ENFORCEABILITY OF THIS ARBITRATION PROVISION.

To begin an arbitration proceeding, you must send a written request for arbitration to us at: Polly Insurance Agency, LLC, 2300 Saint George Road, Williston, Vermont 05495. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website, or by calling the AAA at 800-778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to Polly. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and Polly each agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor Polly may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

WAIVER OF CLASS ACTION. TO THE EXTENT PERMITTED BY GOVERNING LAW, THE PARTIES AND ANY OTHER PARTY CLAIMING RIGHTS OR OBLIGATIONS BY, THROUGH, OR UNDER THESE TERMS EACH UNCONDITIONALLY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE ARISING OUT OF OR RELATING TO A CLAIM (AS DEFINED ABOVE). THE PARTIES UNCONDITIONALLY AGREE THAT ANY SUCH DISPUTE WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, AND THE PARTIES ARE SPECIFICALLY BARRED FROM DOING SO. THIS WAIVER SHALL APPLY TO DISPUTES INCLUDING, BUT NOT LIMITED TO: (1) INITIAL CLAIMS, AMENDED CLAIMS, COUNTERCLAIMS, CROSSCLAIMS AND THIRD-PARTY CLAIMS; (2) CLAIMS BASED UPON CONTRACT, TORT, FRAUD, AND COMMON LAW; AND (3) CLAIMS BASED UPON STATUTES OR REGULATIONS, WHETHER FEDERAL OR STATE, IN THE EVENT OF ARBITRATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WAIVER OF CLASS ACTION BY THE PARTIES. THIS WAIVER WILL SURVIVE TERMINATION OF SERVICES PROVIDED UNDER THESE TERMS.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Polly and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of or resulting from (a) your use of, or activities in connection with, the Polly Technology; and (b) any violation or alleged violation of these Terms by you.

Assignment

Polly reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense, or pledge, in any manner, any of its rights or obligations under these Term to any third party, including affiliates and successors, without notifying you or receiving your consent.

Governing Law

These Terms and your use of the Polly Technology are governed in all respects by the laws of the State of Vermont, without giving effect to any principles of conflicts of laws. Any dispute concerning these Terms of the Polly Technology shall be subject to the exclusive venue and jurisdiction of a court of competent jurisdiction in Burlington, Vermont.

To resolve a complaint regarding the Polly Technology or to receive further information, please contact us at:

Polly Insurance Agency, LLC
2300 Saint George Road
Williston, Vermont 05495
(855) 963-1569

Miscellaneous

We reserve the right to discontinue or modify any aspect of the Polly Technology at any time, without notice to you. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Notices to you (including notices of changes to these Terms) may be made via posting to the Polly Technology or by e-mail (including in each case via links), or by regular mail.

Accessibility

Polly works to make the Polly Technology accessible to everyone, including those with disabilities. If you are having difficulty accessing the Polly Technology, please call us as (855) 963-1569 (as to speak to the Compliance Manager) or email us at legal@dealerpolicy.com so we can provide you with the services you require through alternative means.
These Terms will be updated as necessary from time to time.

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