Terms and Conditions

And now, a word from our lawyers…

Our legal eagles wanted to make sure we give you access to Verti’s terms and conditions. They’re all about the rules, and liabilities that apply to how you use our website. And if you don’t read anything else, read the bold “No Warranty” and “No Liability” sections. Go ahead – check ‘em out.

GENERAL TERMS AND CONDITIONS

Here’s where we tell you what we do…

Verti Insurance Company is a wholly-owned subsidiary of MAPFRE U.S.A. Corp. MAPFRE U.S.A. Corp. and its affiliates, American Commerce Insurance Company℠ (Columbus, Ohio); Citation Insurance Company℠ (Webster, MA); The Commerce Insurance Company℠ (Webster, MA); Commerce West Insurance Company℠ (California COA No. 06715; San Ramon, CA): MAPFRE Insurance Company℠ (California COA No. 18643; Florham Park, NJ); MAPFRE Insurance Company of Florida℠ (Miami, FL); and MAPFRE Insurance Company of New York℠ (Garden City, NY), insure private passenger automobiles and provide homeowner and other types of insurance for qualified applicants under the service mark and brand MAPFRE Insurance®. Verti offers personal auto insurance policies with a custom app designed for self-service. MAPFRE U.S.A. Corp., and its affiliates, including Verti Insurance Company, are collectively referred to as the “Company” in these terms and conditions. Not all companies are licensed to do business in all states.

Your use of this web site and its services are governed by and subject to these Terms and Conditions. By using the services made available on this web site you are indicating your agreement to be bound by all of these Terms and Conditions.

This web site presents information and content that is owned or licensed by the Company. When used in these Terms and Conditions, "we", "our" and "us" mean the Company.

Changes

Want to roll will the (legal) changes? Check this page from time to time…

The content on this web site and these Terms and Conditions, are subject to change or updating by the Company at any time without prior notice. The changes may include superseding terms and conditions or specific notices. You should review these Terms and Conditions from time to time to be aware of any changes that are made. Your continuing use of this web site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Use of Site by Non-U.S. Persons

Spoiler alert: this info is only relevant for U.S. residents…

The Company makes no claims that the content on this web site is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Privacy Policy

No joke -- protecting your data is serious business…

Your personally identifiable information that we may collect is subject to our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

Financial Decisions

We are definitely not financial advisors…

As with all financial matters, you should exercise great care in using the information provided on this web site or available through links from this web site. Nothing on this web site should be construed as rendering tax, legal, investment, or accounting advice.

Ownership and Use of Content

We love (and own) our content, but in some cases you can use it, too…

All of the information and content on this web site, including but not limited to all text, graphics, software applications, video and audio files, and photos ("Content") is owned, copyrighted, or licensed by the Company and/or its affiliated companies, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. The Company's logo, all other service marks, and the names of the various products and services described within are service marks of the Company or its affiliates. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other web site or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another web site, is expressly prohibited without the prior written permission of the Company.

Hyperlinks

We don’t have any control over anyone else’s site, so pay attention when following links…

As a convenience for you, we may provide links to third party web sites, or permit third parties to link to this web site. Links to or from a third-party site, whether provided by the Company or not, do not imply any affiliation between the Company and the site owner, or an endorsement, approval, sponsorship, or verification by the Company of any content or product available on such sites. We do not periodically review such third-party sites and we are not responsible for the accuracy or completeness of the content on any such third-party sites. When you click on any of those third-party links, you may leave this website. Any personal information you submit on the resulting website will not be collected or controlled by us, and will be subject to the privacy policy of the resulting website. Please review the privacy policy of the resulting website for information about their privacy practices.

Availability of Coverage

You can’t get everything everywhere…

The products and services described on this site are not available in all states. Some products and services may vary in a particular state from what is described in this site. If you have any questions, you should contact us.

We do not in any way imply that the materials on the sites or the products we discuss are available for use outside of the United States or in jurisdictions in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction. By completing an online request for a rate quote, you are confirming that you are not a resident in any such jurisdiction.

No Warranty

We’re only human, so forgive us for errors or stuff you don’t like…

We will make every reasonable effort to include accurate and up to date content on this web site. However, the content on this web site (including any graphics) and any materials made available through this web site are subject to applicable statutes and regulations, and are provided "as is" and without warranties of any kind, either express or implied.

The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Company makes no warranty that (i) the operation of this web site will meet the user's requirements; (ii) access to this web site will be uninterrupted, timely, secure, free of viruses or other harmful components, or free of errors; (iii) the results that may be obtained from the use of this web site will be accurate or reliable; or (iv) defects will be corrected. You (and not the Company) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or other problems you may have as a result of visiting this web site.

The Company does not warrant or make any representations regarding the use or the results of the use of the content on this web site in terms of its correctness, accuracy, reliability, or otherwise. The content on this web site could include technical inaccuracies or typographical errors. This content could become inaccurate as a result of developments occurring after publication. The Company undertakes no obligation to keep any such information current. The Company endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this web site or its operation.

To the extent, if any, that the law does not permit the disclaimer of warranties, all content accessible on this web site, or any other web site to which we link, and all operations on this web site are warranted only to the minimum amount legally required.

No Liability

Glitch happens…

By using this web site, you specifically agree that you will not hold the Company liable to you or any party for any damages or injury or loss, including any direct, special, incidental, consequential, or punitive damages, or lost profits, that may result from the use of, or the inability to use, the materials on this site (or any other linked web site), whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available on this web site (or any other linked web site). The Company shall not be liable even if the Company or any authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure, computer virus or other harmful component.

Governing Law

We proudly play by the rules…

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, without giving effect to conflict of law principles thereof. Persons who access this web site do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.

Choice of Forum

Boston is lovely this time of year...

The Company and you: (a) hereby irrevocably submit to the jurisdiction of the federal and state courts in Boston, Massachusetts and (b) hereby waive to the extent not prohibited by applicable law, and agree not to assert, by way of motion, as a defense or otherwise any claim that (i) the Company or you is not subject personally to the jurisdiction of the above-named courts, (ii) any action, suit or proceeding may not be brought or maintained in one of the above-named courts, (iii) any such action should be dismissed on grounds of forum non conveniens, should be transferred to any court other than one of the above-named courts or should be stayed by virtue of the pendency of any other action, suit or proceeding in any court other than one of the above-named courts, or (iv) this Agreement or the subject matter hereof may not be enforced in or by any of the above-named courts.

The Company and you each hereby consents to service of process in any such action in any manner permitted by the laws of the Commonwealth of Massachusetts, agrees that service of process by registered or certified mail, return receipt requested is reasonably calculated to give actual notice and waives and agrees not to assert by way of motion, as a defense of or otherwise, in any such action any claim that service of process made in accordance with this Section hereof does not constitute good and sufficient service of process. The provisions of this Section shall not restrict the ability of any Party to enforce in any court of competent jurisdiction any judgment obtained from any federal or state court in Boston, Massachusetts.

Entire Agreement

Let’s shake on it…

These Terms and Conditions constitute the entire agreement between the Company and you and it supersedes all prior agreements, whether written or oral between the Company and you, relating to this web site.

ONLINE SERVICES TERMS AND CONDITIONS

More legally mandated stuff you’re probably not interested in…

Your use of the Online Services portion of this web site is also subject to the following Online Services Terms and Conditions:

Online Quotes

Remember – they’re just estimates…

We rely on your statements to provide you a quote. So, although we work to make our quotes as accurate as possible, online quotes are provided as price estimates only and are subject to change. We will verify your information, through the use of third-party resources, such as motor vehicle, claims and consumer credit (if applicable) reports, if you decide to purchase a policy from us. The actual premium charge for your policy will be determined and provided to you at that time.

Also, if you pay your premium in installments, each installment may be subject to an additional fee.

If you have a car loan, keep in mind that most lienholders require Comprehensive and Collision coverage.

Please note that rate quotes do not provide coverage for customizations to your auto. If your vehicle is customized, please call us.

Coverage is subject to the terms, limits, and conditions of the policy contract.

No Insurance Coverage without a Written Binder

It’s gotta be in writing…

Your submission of a completed application to us via this web site, or otherwise, acts merely as a request for information - it does not constitute a binding agreement to provide insurance coverage.

The descriptions of products and services set forth on this site, including without limitation, terms, coverages, conditions and exclusions of the products and services are provided for general information and illustration purposes only, and are not intended to be, and should not be construed as legally binding upon the Company. You should review carefully all of the materials supplied to you. If you have any questions, please contact us.

If you do not hear from us on the next business day after submitting a request for information or a request for a change, please contact us.

User Name and Password

Helpful hint: “Password” or the names of your kids or pets are never good passwords...

In order to take advantage of the online services contained on this web site you may be asked to select a user name and password. You are entirely responsible for maintaining the security and confidentiality of your user name and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Company may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.

We will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by us or another party due to someone else using your account or password.

Security

We’re doing what we can, but let’s still be careful out there…

While we provide certain internet security technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

You agree that you will not transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by the Company.

Goods and Services Provided by Third-Party Merchants

What happens with third-party merchants stays with third-party merchants…

We will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant, or a merchant's products or services, accessible through this web site. All matters, including but not limited to the delivery of goods and services, returns, and warranties are solely and strictly between you and the third-party merchant. You acknowledge that we do not endorse or warrant any third-party merchants, merchant offers, or goods and services that are purchased or accessible through this web site from third party merchants. Any savings advertised through this web site vary by merchant. Certain limitations, restrictions and exclusions may apply to any such offers. We reserve the right to modify or discontinue any offers by third-party merchants at any time without notice to you and we shall not be liable to you or any third party should we exercise our right to do so. We make no warranty regarding any goods or services purchased or obtained from third-party merchants through this web site or any transactions with any third-party merchants.

Submission of Content on this Web Site

If you send it to our site, we own it – so let’s keep it clean!

To the extent, if any, that this web site allows users to submit "Content" (as defined above under "Ownership and Use of Content") to the web site, you explicitly agree that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, or give rise to civil or criminal liability; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; or (c) provide or use this web site and any Content or service in any commercial manner.

By providing any Content to our web site: (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part in any form, media, or technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the foregoing license; and (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

MOBILE APP TERMS & CONDITIONS

Incorporation of Related Terms

This agreement also refers to other stuff too.

These Terms of Use incorporate and supplement other terms, conditions, and policies of Verti posted at http://www.verti.com, the terms of which may be changed from time-to-time, including:

  • Verti Terms and Conditions: LINK TO WEB T&C
  • Verti Privacy Policy LINK TO WEB PP

If there is any conflict between these Terms of Use and the terms and conditions or policies listed above, these Terms of Use will govern your use of the App.

We process information about you in accordance with our Privacy Policy, which is available on our website. By using the App, you consent to such processing and you warrant that all data provided by you is accurate. Please review our Privacy Policy which also governs your use of the App. By using the App, you consent to such processing and you warrant that all data provided by you is accurate. Please review our Privacy Policy which also governs your use of the App.

License

Agree with all this? Then you’re good to go…

The App is licensed, not sold. Verti grants you a personal, nonexclusive, nontransferable, limited and revocable license to use the App only for personal use, in compliance with these Terms of Use, on your mobile device. These Terms of Use also govern any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

Personal Information

There’s some stuff we need to make the app run right for you…

Features of the App may use, store, or transmit personal information, such as user names, passwords, proper names, email address, address, location, driver’s license number, financial information (including credit card information), GPS location information, and other personal information (collectively the “Information”). You consent to the transmission of the Information to Verti, including its agents and third-party partners, and consent to Verti, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using the Information for App functionality and for the purposes disclosed in the Privacy Policy.

You, however, are solely responsible for taking precautionary measures to protect the confidentiality and security of the Information sent from or stored on your mobile device by the App. You are also solely responsible for all transactions and activities undertaken by anyone or anything through the App, whether authorized or unauthorized. You agree to immediately notify Verti of any suspected unauthorized transactions or any other breach of security associated with the App. Verti is not responsible for any losses arising from the financial loss or theft of the Information due to unauthorized or fraudulent transactions related to the App.

Intellectual Property

We invented it, so please don’t copy it…

The App and its content are protected by copyright, trademark, patent, trade secret and other proprietary rights. The names Verti and MAPFRE as well as the VERTI® and MAPFRE Insurance® logos, and other Verti and MAPFRE Insurance trademarks, service marks, graphics, logos and names of various products and services described within or used in connection with the App are trademarks or registered trademarks of Verti or its parents or affiliates (collectively the “Company Marks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third-Party Marks”). The Company Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Verti or the applicable trademark holder.

Prohibited Uses

Be cool, and don’t do this stuff…

Use of the App is limited to the contemplated functionality. You may not use the App in any way that,

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  2. is unlawful, fraudulent, or deceptive;
  3. uses technology or other means to access unauthorized content or non-public spaces;
  4. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
  5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. attempts to damage, disable, overburden, or impair VERTI Insurance’s servers or networks;
  7. attempts to gain unauthorized access to a VERTI Insurance computer network;
  8. attempts to gain unauthorized access to VERTI Insurance’s user accounts;
  9. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  10. violates these Terms of Use in any manner; or
  11. fails to comply with applicable third-party terms and conditions or other third-party policies.

User-Generated Content

If you send us your content, we can take it and run with it…

You may generate content through your use of the App. You grant Verti and its successors a worldwide, irrevocable, transferable, sublicensable, fully-paid and royalty-free, and nonexclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish and prepare derivative works from such content.

Third-Party Sites and Content

We don’t oversee any of this…

As a convenience for you, the App may contain links to third party web sites, applications or services. Links to or from a third-party site do not imply any affiliation between Verti and the site owner, or an endorsement, approval, sponsorship, or verification by Verti of any content or product available on such sites. We do not periodically review such third-party sites, and we are not responsible for the accuracy or completeness of the content on any such third-party sites. Verti makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of such third-party sites. We recommend that you take the time to read the privacy policies and user agreements for such third-party sites.

Photos

Keep it PG-rated, please – our parents could be watching…

Please keep the following in mind when submitting photos through the App:

  • to submit a photo, you must be at least 16 years of age;
  • you must be the copyright owner or have permission of the owner to submit a photo; and
  • only submit photos that are pertinent to the insurance claim you are reporting.

Your Current Location Information

It’s up to you to share or not…

You have the option of permitting the App to determine your current location. Why? So we provide you with news and info that’s relevant to you, wherever you are.

If you agree to allow the App to use your location information, Verti will only use your location information for the purposes stated in the App and in accordance with the Privacy Policy. If you do not want the App to determine your location, do not agree when you are given the option. You do not have to permit the App to determine your current location.

Password Registration and Security

Choose a strong password and we’ll do everything we can to keep it secure…

Some areas of the App are restricted and require a user identification code (“User ID”) and a password for access. Unauthorized use of or access to these areas is strictly prohibited. When accessing an area requiring a User ID and password, you agree that:

  • We are entitled to act on instructions received under your User ID and password.
  • We are not liable for any unauthorized access to your personal information that is not the direct result of our gross negligence or intentional misconduct.
  • You will keep your password confidential and you will notify us immediately if you believe someone else has obtained your User ID and password. You will also notify us if any unauthorized access to your account through the App has or may occur.

Verti may block access to password protected areas of the App without prior notice if we believe your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.

Disclaimer of Warranty

Forgive us for errors or stuff you don’t like…

Verti is providing the content and materials in the App “as is” and “as available” without representations or warranties of any kind, either express or implied. To the fullest extent allowable under applicable law, Verti expressly disclaims all warranties, express or implied, with respect to the App including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Verti does not warrant or represent that the functions or operation of the App will be uninterrupted or error-free, that defects will be corrected, that use of the App by you is in compliance with laws, or that information transmitted in connection with the App or its servers, or any e-mail sent from Verti, will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion or other harmful components or will be successfully, accurately or securely transmitted. Verti shall use reasonable efforts to protect information submitted by you in connection with the App, but you acknowledge and agree that your submission of such information is at your sole risk, and Verti hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

No Liability

Glitch happens…

To the fullest extent allowable under applicable law, in no event shall Verti or its agents or anyone involved in creating or providing this app or content (a) be liable to you with respect to use of the app; and/or (b) be liable to you for any direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, the inability to use the app, or device failure or malfunction. Your sole remedy is to cease use of the app. Verti, its agents and anyone involved in creating or providing this app or content shall not be liable even if any of them or any authorized representative of them has been advised of the possibility of such damages, including without limitation damages or injury caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, trojan horse or other harm.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Verti, its agents or anyone involved in creating or providing this App or any content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by you for use of the App or $100, whichever is less.

Termination

Hasta la vista, baby.

Verti reserves the right to terminate, change, suspend, remove or disable access to the App at any time for any reason, without notice. In no event will VERTI Insurance be liable for the removal of or disabling of your access to the App. VERTI Insurance may also impose limits on the use of or access to the App without notice or liability to you.

Third-Party Beneficiary

This covers everybody involved with this app…

You agree that our service providers, licensors, or others involved in creating or providing the App are third-party beneficiaries to these Terms of Use and may rely upon the provisions of these Terms of Use, including but not limited to, the provisions concerning disclaimer of warranties and no liability.

Jurisdiction/Enforceability

U.S and Massachusetts laws apply…

Use of this Application shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, without giving effect to conflict of law principles thereof. Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

These Terms of Use are effective as of August 1, 2017.