This policy is effective December 14, 2017.
Hugo allows users to access information and configure certain aspects of its Service through its website located at www.withhugo.com (the “Site”), and also provides software applications for mobile phones (the “Apps”). For the avoidance of doubt, the Service excludes Hugo’s insurance products, coverages, and services (which require your application, and Hugo’s acceptance, and which are governed by separate terms), and is limited solely to your use of Hugo’s Apps and web based information and configuration services.
Hugo reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service and these Terms will identify the date of last update.
Account Information & Responsibilities of Registered Users
In order to access some features of the Service, you will have to create an account. You represent and warrant that the information you provide to Hugo upon registration (including information provided through your linked Facebook account, as applicable, or other third party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. You also represent and warrant that this information is accurate and kept up-to-date at all times.
Do not share your account information with, or allow access to your account by, any third party. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Hugo by e-mail to firstname.lastname@example.org. You are solely responsible for your own losses or losses incurred by Hugo and others (including other users) due to any unauthorized use of your account that occur as a result of your intentional or inadvertent disclosure of any of your login information or as a result of your delay in notifying Hugo that your account was compromised after your discovery of the compromise.
When you purchase insurance coverage from the Hugo, you may be required to connect a wireless enabled telematics device to your covered vehicle(s). The device is capable of collecting and communicating back to the Hugo a variety of information about your vehicle and your trips, including, but not limited to speed, odometer and location information.
All original content, features, and functionality of this Site is owned by Hugo and protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree and understand that Site Content may include Third Party Content, as set forth in further detail in Section 6, below. All trademarks, service marks, and trade names are proprietary to Hugo or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Hugo or any third party.
Linked Accounts and Social Networking Sites
Hugo may, now or in the future, allow you to link your account(s) on the Service to your accounts on third party services, such as social networking sites (“Linked Accounts”). If you link your account on the Service to a Linked Account, you authorize Hugo to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing or using a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
Third Party Content
Hugo may display information, materials or content from third parties (“Third Party Materials”) through the Services. The display on or through the website and Services of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval of Hugo by any such third party or any affiliation between any such third party and Hugo.
The Service may now or in the future allow users to submit, post, and share content such as text, photos, audiovisual content, and other media content (“User Content”). You retain all your rights in User Content, but if you choose to provide any User Content to Hugo, we require a license to such User Content in order to make it available through the Service. Hugo cannot guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully and use good judgment about what you submit to or make available through the Service.
You understand that you, and not Hugo, are entirely responsible for User Content that you make available through the Service. You are solely responsible for your own User Content and the consequences of posting or publishing it. Further, you represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Hugo to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable the use of User Content in the manner contemplated by these Terms, and to grant the rights and license set forth herein.
You retain all of your ownership rights in original aspects your User Content. By providing User Content to Hugo you grant Hugo and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the “Hugo Licensees”) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license.
Hugo does not control User Content and does not have any obligation to monitor such User Content for any purpose, but may at its sole discretion, monitor or review some or all User Content. Hugo and its designees may, at any time and without prior notice, remove any User Content that in the sole judgment of Hugo violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Content. You should exercise your independent discretion and judgment before downloading any other User Content.
You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. You agree that you will not, do or attempt to:
Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation Site Content, Third Party Content, and User Content), for any purpose other than for your personal, noncommercial purposes;
Access or use the Service for any commercial or business purpose, including without limitation for comparative or competitive research purposes or to transmit unauthorized advertising;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, or features that enforce limitations on the use of the Service or any content therein;
Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
Use the Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
Hugo, in its sole discretion and for any reason or no reason, may terminate your account on the Service, disable your access to the Service (or any part thereof), discontinue the Service, or terminate any license or permission granted to you, at any time, with or without notice, including without limitation in connection with any termination of any insurance policy you may have with the Hugo. You agree that Hugo shall not be liable to you for any such termination.
If you are dissatisfied with the Service, then please let us know by e-mailing us at [email address]. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of Hugo in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate only by discontinuing your insurance policy (and thus your account on the Service) by calling Hugo at 888.398.9383.
You agree to indemnify and hold harmless Hugo and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, customers, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service (including your use or misuse of Third Party Materials); (ii) your User Content; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights. Hugo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from Hugo.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, SITE CONTENT, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY COMPANY), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY COMPANY.
Limitation of Liability
IN NO EVENT WILL COMPANY, ITS OFFICERS OR DIRECTORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICE, SITE CONTENT, THIRD PARTY MATERIALS OR THE SITE; (II) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT; OR (III) PLANS MADE OR INFORMATION ACQUIRED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, (I) ANY FEES OR COSTS ASSOCIATED WITH CANCELLED, INTERRUPTED OR DELAYED PLANS; (II) ANY FEES OR COSTS RESULTING FROM MISINFORMATION OR FAILURES IN COMMUNICATION; (III) AND ANY ACCIDENTS OR UNEXPECTED EVENTS OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS SPECIFICALLY REQUIRED BY LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS OR DIRECTORS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN FIVE HUNDRED DOLLARS ($500). THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY, COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY IN NEW JERSEY. YOU UNDERSTAND AND AGREE THAT COMPANY WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.