EverDrive Application Terms of Service
This agreement outlines the terms (the “Terms”) related to your use of the EverDrive application (the “Application”) provided to you by EverQuote, Inc. (“EverQuote”). Your use of and access to the Application are governed by these Terms. You accept these Terms by either (a) using the Application, in which case you are agreeing to be bound by these Terms; or (b) clicking to agree to these Terms, where this option is available.
Unless expressly stated, these Terms do not modify any other terms set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider (“Application Marketplace Provider”). If the Application is downloaded from the Apple App Store, to the extent necessary for these Terms to comply with Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement (“Apple’s Minimum Terms”), Apple’s Minimum Terms are hereby incorporated into these Terms.
If you access any world wide web-based services via links in the Application, your use of those services are subject to both these Terms and any separately provided Terms of Service and privacy statement for those web-based services.
EverQuote reserves the right, at its discretion, to modify these Terms at any time. If you do not agree to these Terms as modified, you must stop using the Application. Your continued use of the Application following the posting of any changes to these Terms constitutes your acceptance of those changes.
Your right to use the Application terminates automatically if you violate these Terms.
You and EverQuote acknowledge that these Terms are entered into between you and EverQuote, and not between you and any Application Marketplace Provider. You further acknowledge that EverQuote is solely responsible for the Application.
EverQuote grants you a revocable, limited, non-transferrable, non-exclusive license to use the Application on any compatible device that you own or control and as permitted by all applicable terms set forth in any applicable application marketplace.
If you are under the age of 18, you must review these Terms with your parent or legal guardian to ensure that you and your parent or legal guardian understand and accept these Terms. You must also be of legal driving age in any jurisdiction where the Application is used.
The Application transmits data via your wireless carrier or an accessible Wi-Fi network. EverQuote is not responsible or liable for any data charges associated with the use of the Application or any other applications. The service may occasionally be restricted, interrupted or discontinued due to conditions including, but not limited to: application design, network coverage, government regulation, or other situations beyond EverQuote’s control.
The Application transmits data regarding your GPS location. If you turn off location services for the application or your device, GPS data will not be captured and the application functions will not operate effectively.
Ownership of EverQuote Intellectual Property and Data
The Application, including all text, graphics, user and visual interfaces, trademarks, logos, computer code, documentation and other content (collectively, the “Content”), is the exclusive property of CMT or EverQuote or its affiliates and is protected by copyright, trademark and other intellectual property laws. No part of the Application or Content may be copied, reproduced, sold, republished, reposted or otherwise distributed for public or commercial use. Further, you acknowledge and agree that EverQuote and CMT, and its respective affiliates, own the data gathered by the Application.
In the event of a third party claim that the Application or your possession or use of the Application infringes that party’s intellectual property rights, you and EverQuote acknowledge that EverQuote or CMT, as appropriate, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You shall not and shall not permit others to: (a) interfere with the operation of the Application or another’s use of the Application; (b) introduce any viruses, worms, malware, trojans, or other malicious or disruptive code; (c) impersonate any person or entity, provide false information required for obtaining access to the Application; (d) reverse engineer, decompile, or otherwise attempt to derive source code of the software that powers the Application; (e) create or use any script or automated tool that attempts to create multiple ways to access or use the Application; (f) attempt to gain unauthorized access to the Application or any computer system used to provide the Application, circumvent any access restriction or security measures with respect to the Application, or disclose your access information or otherwise give access to the Application to any third party; (g) tamper, alter, modify, change, disassemble, reverse engineer, copy, or duplicate in any manner the Application or its associated code.
If you do any of the above or otherwise violate any of these Terms, your license to use the Application will terminate effective immediately. You may also be removed and banned by the Service Provider. In addition, you may be subject to legal action and may be denied future participation in any telematics offering distributed by EverQuote.
The Application is provided “as is.” EverQuote, the Application Marketplace Providers and the Service Providers are not responsible for providing any maintenance or support services for the Application.
Disclaimers, Limitations, Exclusions and Indemnity
The Application is provided on an “as is”, “without any warranty”, and “without any liability” basis. EverQuote does not guarantee the quality, accuracy, completeness, or timeliness of the Application and, to the maximum extent permitted by law, EverQuote expressly disclaims any warranty of any kind with respect to the Application, including regarding their availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, or non-infringement. To the maximum extent permitted by law, Application Marketplace Providers shall have no warranty obligations whatsoever with respect to the Application.
EverQuote, the Application Marketplace Providers and the Service Provider’s liability for damages caused by the Application shall be limited to the direct property damage to the device in which it is installed caused by EverQuote’s negligence or willful misconduct, but in no case greater than $100. To the extent permitted by law, neither EverQuote, the Application Marketplace Providers nor the Service Providers will be liable for any special, incidental, exemplary, punitive, or consequential damages arising out of, related to or in connection with the Application, services, or its use whether based in contract, tort, negligence, strict liability or otherwise. This includes, but is not limited to, any damages arising from third party access to personal information input in the Application, even if EverQuote has express knowledge of the possibility of such damages. You shall not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from EverQuote, the Application Marketplace Providers or the Service Providers outside of the conditions set forth in these Terms. You must file any lawsuit or other action directed against EverQuote or its employees, subsidiaries, affiliates, Application Marketplace Providers, Service Providers, or parent companies regarding such damages within one year from the date of the event that caused the damage.
You hereby agree to indemnify, defend, and hold harmless EverQuote, the Application Marketplace Providers and the Service Providers from and against all claims, losses, expenses, damages, or costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorney’s fees resulting directly or indirectly from or arising out of your use of the Application or your violation of these Terms.
Subject to the terms and conditions contained herein, you and EverQuote acknowledge that EverQuote, and not any Application Marketplace Provider, is responsible for addressing any of your claims or the claims of any third party relating to the Application or your possession and/or use of the Application.
Third Party Beneficiary
You and EverQuote acknowledge and agree that the applicable Application Marketplace Provider and its subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, the applicable Application Marketplace Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
The Application may only be used in the United States. EverQuote makes no representation that the materials in the Application are appropriate or available for use outside of the United States.
If any provision of these Terms is held invalid, void or unenforceable, then that provision is considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
EverQuote’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such provision, or any other provision in these Terms.
You shall comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application.