Terms of Use
Updated October 2, 2026
Welcome to the services offered by Jerry! Please read these Terms of Use carefully before accessing or using any of the services offered by Jerry.
These Terms of Use, together with Privacy Policy (“Privacy Policy”), ESIGN Consent (“ESIGN Consent”), and any product-specific or supplemental terms that apply to a particular Service (including the Roadside Assistance Terms and the Property Tax Service Terms below), and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, are collectively called “Terms,” “Terms of Use,” or “Terms of Services.” These Terms of Use apply to the Jerry web sites located at https://jerry.ai and https://getjerry.com and the Jerry mobile application (collectively, “the Site”), and the related products and services offered by Jerry Services, Inc. and its subsidiaries, including Jerry Insurance Agency, LLC and Jerry Offers Inc. (hereinafter referred to as “Jerry,” “jerry.ai,” “we,” or “us”). The Terms govern the access or use by you of applications, websites, content, products, services, and programs made available by Jerry (the “Services”). “You” and “Your” refer to the user of the Service.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, AGREEING TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, AS MORE FULLY SET FORTH BELOW IN THE “DISPUTE RESOLUTION” SECTION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.
Changes to These Terms. We may modify these Terms from time to time. If we make a material change, we will provide notice through the Services, by email, or by another reasonable method. Your continued use of the Services constitutes your acceptance of the revised Terms. Changes to the Dispute Resolution section apply only to Disputes arising after the effective date of the change.
SMS Terms and Conditions
SMS mobile messaging jerry.ai program. We are offering a mobile messaging program (the “jerry.ai Program” or the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions. It is optional for you to participate in the mobile messaging program. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through arbitration, as detailed in the “Dispute Resolution” section below.
User Opt In: The jerry.ai Program allows users to receive SMS mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By opting in or participating in the jerry.ai Program, you agree to receive message(s) from us at the phone number associated with your opt-in, including messages delivered using an automatic telephone dialing system or an artificial or prerecorded voice. When you opt in to participate in the jerry.ai Program, the messages you receive may include the following: a code to verify your phone number, responses from our customer support team to your inquiries, updates about jerry.ai products or services, and service and dispatch notifications relating to roadside assistance or other on-demand services you request, at the number associated with your opt-in. Message and data rates may apply. Message frequency may vary.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Opting out of the Program does not close your Jerry account and does not cancel any product or service you have purchased or enrolled in, including any insurance policy or membership. Cancellation is handled separately, and current instructions for each product or service are available in the Jerry app and on our website.
Customer Care Information: For support regarding the Program, text “HELP” to the number you received messages from or email us at hi@jerry.ai.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by wireless carrier(s). Carriers and we are not liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers (e.g., T-Mobile, etc.) are not liable for delayed or undelivered messages.
Privacy: All information collected from users of our sites is subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our Privacy Policy.
Limitations of Use
You agree to use the Services or any aspect or feature thereof only for lawful purposes. You may not use the Services in any way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to, unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Services, is strictly prohibited.
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years of age and are a legal adult in the jurisdiction(s) in which you reside; (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide; (iii) the Services are offered only for your use, and not for the use or benefit of others; (iv) your account may not be used for Services to be performed for another person; (v) you will not attempt to use another’s account or create a false identity; (vi) you will not verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise threaten to harm any employee or agent of the company; (vii) you will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (viii) you will not utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (ix) you will not adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (x) you will not rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (xi) you will not use the communication systems provided by the Services for any commercial solicitation purposes; (xii) you will not remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xiii) you will not collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) you will not share third party’s information or their User Content without their express consent; (xv) you will not infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) you will not use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” “cache,” “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) you will not use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) you will not access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) you will not attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xx) you will not use the Services, or any output of the Services, to train, fine-tune, or otherwise develop any machine learning or artificial intelligence model; (xxi) you will not submit false, fraudulent or materially misleading information in connection with any request for service, claim, or appeal, or request a service you do not intend to use; and (xxii) you will not resell, transfer, or share any membership, benefit, or service entitlement with any person other than as expressly permitted by the applicable product terms.
Collection and Use of Your Information
Our policies with respect to our collection and use of personal information are set forth in our Privacy Policy, which is hereby incorporated by reference in its entirety. If you wish to exercise a privacy right, including a request to access or delete your personal information, please see the Privacy Policy.
Your Authorization When Signing up with Jerry Insurance Agency, LLC
By signing up with Jerry Insurance Agency, LLC (“Jerry”), you agree that we will shop insurance on your behalf. To shop insurance for you, we may ask you to authorize us to obtain and review your insurance coverage information by providing your personal information to us. Accordingly, you authorize us to send request(s) to your current insurance company or agent for them to send all your insurance policy information to us, if needed. During the course of using our services, if you have insurance policies with insurance companies we do business with that allow for broker of record changes, we may ask you to appoint Jerry as your new broker of record. We will not become your broker of record unless you give Jerry express authorization to do so. You agree that we may send communications to your insurance provider using your automatically generated e-signature as authorization.
Jerry uses third party partners to provide additional quotes for insurance carriers that we do not have direct appointments with. We request our partners and those carriers to share with us certain information, including but are not limited to, policy number, term length, policy premium and effective date, so that we may provide that information to you and enhance your user experience on our site. The information will be what was provided by the carrier and may or may not be accurate based on the processes of the said carrier.
Confirmed Rates. An initial quote is an estimate. To give you a confirmed rate (a “Confirmed Rate”), Jerry must submit your information to the carrier for verification and underwriting review. When you request a Confirmed Rate for one carrier’s quote, you authorize Jerry to request Confirmed Rates from other carriers whose quotes we have presented to you, so that you can compare final prices rather than estimates. This requires sharing your application information with each such carrier, and each carrier may obtain consumer reports, motor vehicle records, claims history and similar underwriting information about you and the drivers on your policy. If you would prefer that we request a Confirmed Rate from only one carrier, tell us before you make the request. Requesting a Confirmed Rate does not obligate you to purchase, and no coverage is bound until you purchase a policy and receive confirmation from Jerry. A Confirmed Rate may differ from the initial quote and may change or expire based on the carrier’s underwriting.
Jerry is generally compensated by commission paid by the insurance carrier when you purchase a policy. In some cases, and where permitted by applicable law, you may also be charged a broker fee, agent fee, producer fee, or policy fee. Any such fee will be disclosed to you before you purchase, and may be non-refundable to the extent permitted by law. Quote results presented to you are not sponsored, and carriers cannot pay for placement or ranking.
By accessing and using the Service, you acknowledge and agree that Jerry may create and retain documents and information regarding your use of, and interactions with, us, the Service and the Site, including, but not limited to, records of your sessions with the Site (through the use of session replay or screen capture technology and otherwise), and records of your written interactions with us, the Service or the Site, including SMS messages and chats, and, where permitted by applicable law and with any consent required by law, recordings or transcripts of telephone calls with us.
Your Authorization When Using Jerry for Your Insurance Payment
Relationship. If you intend to purchase insurance from an insurance company through Jerry, you agree and understand that (1) Jerry is an insurance agent that may collect premium on behalf of the insurance company at its direction; (2) Jerry retains the right to collect unpaid premium on the insurance company’s behalf; (3) Jerry retains the right to change billing method on file with the insurance company if the insured does not make payment.
Tools We May Offer: We may from time to time offer you the ability to access certain financial management tools. Examples of such tools may include, but are not limited to, bill payment reminders and other similar services. Unless we indicate otherwise, these tools will be provided to you free of charge and are provided exclusively for personal use.
Limitations on Tools: You agree that we may modify the tools or cease making them available to you at any time without notice. We have no obligation to continue to make any particular tool available to you or to do so without charge. If we modify a tool or cease to make a tool available to you, you understand that you may lose access to any information that you may have supplied in connection with your use of the tool and have no rights to obtain such information from us. To the extent that the tools present information regarding financial accounts you may have with other financial institutions, you understand that the information may not be up to date. Before acting on any such information, you should confirm its accuracy with the financial institution holding the account. There may be times when a tool we offer is unavailable or not properly functioning, and you agree that we have no liability to you if this occurs or in connection with the tools generally. You may need certain hardware or software to utilize the tools, and you understand that your failure to have such hardware or software will result in your not being able to use the tools or some tool functionality. You understand that some tools or some tool functionality may only be available to consumers who have relationships with certain service providers or financial institutions or who have certain financial products. If you do not have such relationships or products, you understand that you may not be eligible to use a tool or all of its functionality. You agree that we may use information we gather through the tools to market other products and/or services to you, including those of third parties.
Third Party Providers: Jerry may rely on third party providers to assist in making a tool or other Jerry Service available to you. By linking your bank account to Jerry via a third party provider, you authorize Jerry and its third party providers to access information about your financial accounts on your behalf, and to gather information about you, including but not limited to your account balance, and whether your account is in good standing. You give us and our third party providers a limited power of attorney, and appoint us and our third party providers as your true and lawful attorney-in-fact and agent to act on your behalf and access, transmit, and use your information as necessary to provide the tools and other Services. You agree to the transfer, storage, and processing of your information by these third party providers in accordance with their respective privacy policies, including third party’s privacy policy. We have no liability to you for any damages you may suffer as a result of any such third party’s actions or inactions or from inaccurate account information.
Cancelling Payments. We may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to your history of transactions on our site, the user’s account history or any other reason. At termination of your relationship with Jerry, you may still have a balance with Jerry. You may still owe money (or be owed money by) Jerry at the termination of your relationship with Jerry. Any outstanding balance will be resolved with final debit or credit transaction(s).
Return Insurance Premium. You understand and agree that any premium due to you upon cancellation, by you or us, will be returned to you as directed by the insurance company.
How Jerry will use the user’s payment information. As an agent of the insurance carrier, Jerry will charge your selected payment method (such as your credit card, debit card, gift card/code, etc.) to collect insurance premium, fees, and facilitate other transactions as directed by the insurance carrier, including any applicable taxes. Jerry will also charge your selected payment method for amounts you owe directly to Jerry, including membership fees, on-demand service charges, and property tax service fees, as described in the applicable sections below. Jerry, its affiliates, or other third parties will store your payment information for the purposes of conducting transactions. You authorize Jerry to: (i) periodically initiate payments from or debits against your financial account(s) for the amounts then due to the insurance carrier as directed by the carrier, or to Jerry; (ii) initiate any other payments or debits authorized by you or anyone using your account; iii) periodically verify the balance of your account using 3rd party tools as enrolled by the user. This authorization will remain in force until you revoke it and for thirty (30) days after you change your payment preferences or cancel the applicable Service, and in any event until all amounts you owe have been paid. All payments must be made in U.S. dollars. You acknowledge and agree that Jerry may share your information, including information about your financial accounts, with our payment partner for this purpose. You should be aware that online payment and debit transactions are subject to validation checks by our payment partner and your card issuer or financial institution, and we are not responsible if your card issuer or financial institution declines to authorize payment or a debit for any reason. For your protection, our payment partner uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize our Payment Partner to verify and authenticate your payment information. Please note that it is possible that your card issuer or financial institution may charge you an online handling fee or processing fee for these online transactions. We are not responsible for such fees. You understand and agree that no transaction, including without limitation the purchase of any insurance policy, is final until you receive a confirmation from Jerry.
Use of your payment method across Jerry Services. If you provide a payment method to one Jerry entity, you authorize us to store it on your Jerry account and to use it, through the applicable Jerry entity, to charge you for other Services you purchase or enroll in, including the Property Tax Service and Roadside Services. Before you complete any purchase, we will show you the payment method that will be charged and the amount. You may change or remove a stored payment method, or choose a different method for a particular purchase, at any time in the Jerry app.
If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize Jerry to attempt to charge your other eligible payment methods. If Jerry cannot charge you, you remain responsible for any uncollected amounts due to the insurance carrier or to Jerry, and Jerry or the carrier may attempt to charge you again or request that you provide another payment method. In accordance with local law, Jerry may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions. We may also suspend or cancel a membership or other paid Service for non-payment.
Payment Reminders. You agree to allow Jerry to send you payment reminders from time-to-time. Such payment reminders may take the form of any available communication.
Your Authorization When Using the Telematics Services
You may use the internet-based telematics services provided by a third party provider when using the Jerry mobile app. When using the telematics service, you agree that: (i) You are granted a nonexclusive revocable license to access and use the telematic services (which includes the Mobile App and Telematics Service) until it is terminated; (ii) you must agree that Jerry or its third party providers retains all of its intellectual property rights in the telematic services and firmware, and no rights, title or interest in either one is transferred to you; (iii) you are solely responsible for the data relating to the telematic services and all driving activity; you may use the telematic services only in accordance with its technical documentation and applicable law; (iv) you may not reverse engineer the telematic services or firmware or use either in a service provider capacity; you may not use the telematic services to store or transmit infringing, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; you may not interfere with or disrupt the integrity or performance of the telematic services; you may not attempt to gain unauthorized access to the telematic services or their related systems or networks; you may not access the telematic services to build a competitive service or product, or copy any feature, function or graphic for competitive purposes; (v) the telematic services may be compromised, it may not be error free, and use may be interrupted; (vi) upon termination of a license or relationship between Jerry and the third party provider, you may no longer access or use the telematic services and you must confirm your compliance with the requirement upon request; (vii) you must agree to comply with applicable export control laws; (viii) you must agree that the telematic services may be suspended or terminated for your violation of law; you must agree that the telematics services and firmware are Jerry and its third party provider’s confidential information which may not be used other than for purposes intended herein; (ix) a breach of any term(s) described herein by you or a violation of the intellectual property rights granted herein may cause irreparable harm and Jerry or its third party provider may seek an injunction against you to avoid any future breach; (x) the telematics services require access to your device’s location, motion and activity data, including while the app is in the background, and you may withdraw that permission at any time through your device settings, which will disable the telematics services.
Driving Score and Rewards. Any driving score, trip record, challenge, streak, point, reward or incentive made available through the Services is provided for informational and engagement purposes, has no cash value, is non-transferable, and may be modified, suspended, expired or discontinued by us at any time. Scores are estimates derived from sensor data and may be inaccurate or incomplete. We do not guarantee that any insurance carrier will accept your driving score or offer any discount, and any discount is determined solely by the carrier under its filed rates. We may void scores, rewards or benefits obtained through fraud, manipulation, or violation of these Terms.
Sharing Driving Data with Insurance Carriers. Some carriers offer discounts or programs based on driving data. If you choose to enroll and confirm your consent at the time of enrollment, you authorize Jerry to share your driving score, trip and driving behavior data, mileage, and related account and vehicle information with the carrier or program you selected, and to receive information back from that carrier about your enrollment and any resulting rate. Participation is optional and is not required to obtain a quote or purchase a policy through Jerry.
You understand that the carrier, not Jerry, determines whether any discount applies and in what amount, under its filed rates and program rules, and that participation may result in no discount, a smaller discount than you expected, a higher premium, or a change in your eligibility or renewal. Once shared, your data is held and used by the carrier under its own terms and privacy policy, and Jerry cannot retrieve or delete it. You may withdraw your consent to future sharing at any time through the Jerry app or by contacting us, but withdrawal does not affect data already shared or a rate already determined.
Claims Studio Disclaimer (Claims Reporter and Crash Detector). Crash Detector is not an emergency service provider and does not replace contacting 911, as this service is an additional safety service provided by private parties. No crash detection system can accurately detect all significant crashes, as the detection technology depends on industry standards and configuration. Crash Detector will not trigger on all crashes. You agree to comply with all applicable laws. Claims Studio Service may not operate on a mobile device if there is no or a weak cellular signal. Third party data sources for location mapping and weather are from sources that Jerry’s third party provider believes to be reliable, however, Jerry’s third party provider cannot guarantee their accuracy, or that the telematics services or mobile app cannot be compromised.
INSURANCE SCORING DISCLAIMER. JERRY OR ITS THIRD PARTY PROVIDER DOES NOT MAKE ANY WARRANTY WHATSOEVER WITH RESPECT TO ANY INSURANCE CONSEQUENCES REGARDING RATINGS OR SCORING INFORMATION PROVIDED BY THE TELEMATICS SERVICES.
Car Care Services
Jerry offers a set of vehicle ownership tools, which may include maintenance schedules and reminders, open recall lookups, symptom-based diagnostic suggestions, repair cost estimates, repair quote sourcing from nearby shops, vehicle market value estimates, and digital document storage (“Glovebox”). These tools are provided for informational and convenience purposes only.
Not a mechanic; no professional advice. Jerry is not an automotive repair dealer, mechanic, technician, appraiser or inspector, and does not perform diagnostic, maintenance or repair work. Any diagnosis, recommendation, maintenance schedule or estimate provided through the Services is a general informational output based on the data available to us and does not replace inspection by a qualified technician. You are solely responsible for deciding whether, when and where to have work performed on your vehicle, and for operating your vehicle safely.
Estimates are not quotes. Repair and maintenance cost estimates are non-binding approximations based on your location, vehicle and the described service. They are not offers, quotes, or guarantees of price, and the actual price charged by a shop may differ. Any quote you receive from a repair shop is an agreement between you and that shop.
Repair shops and service providers are independent third parties. Any repair shop, dealership, technician or other provider identified, recommended, contacted or introduced through the Services is an independent third party and not an employee, agent, partner or subcontractor of Jerry. Jerry does not perform, supervise, warrant or guarantee the quality, timeliness, price, safety or legality of any work performed by any such provider, and does not endorse any provider. Any dispute regarding work performed is between you and the provider.
Recall information. Recall information is sourced from third parties, including government databases, and may be incomplete, delayed or inaccurate. The absence of a recall notice in the Services does not mean no recall exists. You should confirm recall status with the manufacturer or an authorized dealer.
Vehicle value estimates. Vehicle market value estimates are informational only, are derived from third-party data, are not appraisals, and should not be relied upon for insurance, lending, tax or sale purposes.
Glovebox and document storage. If you upload documents, you are responsible for the accuracy and legality of what you upload and for maintaining your own copies. Jerry does not guarantee that stored documents will be available, retained for any period, or free from loss or corruption, and Jerry is not a system of record. Do not upload documents you cannot afford to lose. Documents may be deleted when your Account is closed.
Artificial Intelligence Features
Certain Services use artificial intelligence and automated systems, including to answer questions, summarize information, suggest possible causes of vehicle issues, generate estimates, compile property and assessment data, and assist our agents. You may interact with an automated system rather than a human, and we may disclose that fact where required by law.
AI-generated output may be incomplete, outdated, or incorrect, and may not reflect your specific circumstances. Output is provided for informational purposes only and is not insurance, legal, tax, financial, medical, appraisal or other professional advice. You should independently verify any output before relying on it, and you may request to speak with a licensed human agent at any time. Licensed insurance activity, including the recommendation, binding or servicing of insurance, is performed or supervised by appropriately licensed individuals.
You may not use the Services to develop, train or improve any competing artificial intelligence system, or submit prompts or content intended to circumvent the safeguards or intended operation of the Services.
Roadside Assistance Membership and On-Demand Roadside Services
Structure of the Services. Jerry offers (a) a term-based roadside assistance membership (“Membership”) and (b) single-use, pay-per-incident roadside assistance (“On-Demand Service” and, together with Membership, “Roadside Services”). You acknowledge and agree that:
- Jerry markets, sells and administers the Roadside Services and acts as the point of enrollment and billing. Jerry is not a motor club, is not the provider of roadside assistance, and does not dispatch, perform, supervise or control any roadside service.
- The Roadside Services are provided and obligated by CT Auto Club (“Motor Club”), the licensed motor club and service obligor. Your Membership is a contract between you and the Motor Club, subject to the Motor Club’s member agreement, benefit schedule, and any state-specific addenda (collectively, the “Membership Documents”), which are provided or made available to you at enrollment and are incorporated into these Terms by reference.
- Dispatch and coordination of service is performed by a third-party dispatch provider.
- Towing operators, technicians, locksmiths and other roadside service providers (“Service Providers”) are independent third parties. They are not employees, agents or subcontractors of Jerry.
Product terms. The benefits, limits, exclusions, eligibility requirements, covered vehicles, service areas, price, term, renewal and cancellation and refund rights that apply to your purchase are disclosed to you at the time of purchase and in the Membership Documents. Those terms are part of your agreement and control over these Terms with respect to the roadside assistance you purchase.
NOT INSURANCE. ROADSIDE SERVICES ARE NOT INSURANCE. A MEMBERSHIP IS NOT AN INSURANCE POLICY, IS NOT A SUBSTITUTE FOR INSURANCE, DOES NOT PROVIDE LIABILITY, COLLISION, COMPREHENSIVE OR ANY OTHER COVERAGE, AND DOES NOT SATISFY ANY FINANCIAL RESPONSIBILITY OR COMPULSORY INSURANCE REQUIREMENT. NO PART OF YOUR MEMBERSHIP FEE IS A PREMIUM.
NOT AN EMERGENCY SERVICE. ROADSIDE SERVICES ARE NOT AN EMERGENCY RESPONSE SERVICE AND DO NOT REPLACE CALLING 911. IF YOU ARE IN AN ACCIDENT, ARE INJURED, OR ARE IN AN UNSAFE LOCATION OR SITUATION, CALL 911 OR LOCAL EMERGENCY SERVICES IMMEDIATELY. DO NOT WAIT FOR ROADSIDE ASSISTANCE.
Requesting service. To request service you must provide your location. You consent to Jerry, the Motor Club, the dispatch provider and the assigned Service Provider collecting and using your location and contact information to dispatch and complete the service, and to contacting you by call and text about your request. Arrival times shown in the Services are estimates only, are affected by weather, traffic, demand and Service Provider availability, and are not guaranteed. Service may be delayed or unavailable in some areas or conditions.
Your authorizations. By requesting service, you represent that you own the vehicle or are authorized to request service for it, and you authorize the Service Provider to access, enter, move, tow and transport the vehicle to the agreed destination. You are responsible for removing valuables and for any items left in the vehicle. Amounts not covered by your membership or quoted price are your responsibility and may be charged by the Service Provider or by us.
Damage claims. Any claim for loss of or damage to your vehicle or property arising out of roadside service is a claim against the Service Provider and, as applicable, the Motor Club, and must be submitted under the process and within the time period stated in the Membership Documents. Jerry does not perform roadside services and disclaims liability for the acts, omissions, negligence, delay or workmanship of the Motor Club, the dispatch provider or any Service Provider, to the maximum extent permitted by law. We will provide reasonable assistance in identifying the responsible party and routing your claim.
Property Tax Service
What the Property Tax Service is. Jerry offers a self-help informational tool that may include retrieving publicly available records and third-party data about your property and its assessment, identifying potentially comparable properties, explaining in general terms the assessment and appeal procedures that apply in your jurisdiction, and assembling that information into an informational packet (the “Information Packet”). Availability, scope, fees, when fees are earned, and any refund rights are disclosed to you before you purchase.
Important: this is an informational service. Jerry is not a law firm and does not provide legal advice. The Information Packet is provided to help you prepare and pursue your own appeal. We do not guarantee any particular outcome.
What we don’t do. Jerry does not act as your representative or agent. Jerry does not sign, submit or file any petition, protest, application or other document with any assessor, appraiser, clerk, board, hearing officer or other authority; does not communicate or negotiate with any such authority on your behalf; does not receive notices for you; and does not appear, testify or advocate for you. If you decide to pursue an appeal, you do so on your own behalf and are solely responsible for every step of that process.
NOT LEGAL, APPRAISAL, TAX OR OTHER PROFESSIONAL ADVICE. JERRY IS NOT A LAW FIRM, A LICENSED OR CERTIFIED APPRAISER, A REAL ESTATE BROKER, A CPA, AN ENROLLED AGENT, OR A PROPERTY TAX CONSULTANT. JERRY DOES NOT PROVIDE LEGAL, APPRAISAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. INFORMATION WE PROVIDE IS GENERAL INFORMATION INTENDED TO HELP YOU MAKE YOUR OWN DECISIONS. USING THE PROPERTY TAX SERVICE DOES NOT CREATE AN ATTORNEY-CLIENT, AGENCY, FIDUCIARY OR OTHER PROFESSIONAL RELATIONSHIP. IF YOU WANT ADVICE ABOUT YOUR SPECIFIC SITUATION, CONSULT A LICENSED PROFESSIONAL.
Not an appraisal or opinion of value. The Information Packet consists of data and publicly available information compiled for your reference. It is not evidence, an appraisal, appraisal report, broker price opinion, comparative market analysis, valuation or opinion of value, and is not prepared in accordance with the Uniform Standards of Professional Appraisal Practice or any comparable standard. Any comparable properties, ranges, estimates or calculations are generated from third-party and public data using automated methods, may be incomplete or inaccurate, may not reflect the condition or circumstances of your property or any comparable property, and are not a determination of your property’s market value or of its correct assessed value.
Accuracy and verification. We use third-party and public data sources for property information, comparable sales and assessment data. While we work to provide accurate information, we do not guarantee that it is accurate, complete, or current. You should verify all information before submitting anything to your taxing authority. We also do not represent that the Information Packet satisfies the evidentiary, formatting, timing or procedural requirements of any jurisdiction, will be accepted or considered, or is sufficient to support any position.
Your responsibilities. You are responsible for verifying the accuracy of all information before using it, determining and meeting all applicable deadlines, obtaining, completing, signing and submitting any required forms, paying any filing fees, and complying with all procedural requirements. You represent and warrant that you own the property or are authorized to act with respect to it, and that any information you provide is accurate and complete.
Deadlines. Appeal deadlines are set by state and local law, are strict, and are often short. We may show you deadline information for your jurisdiction as a convenience, but that information may be incorrect or out of date. You are responsible for confirming your deadline with your taxing authority and for meeting it.
YOUR CONTINUING TAX OBLIGATIONS. YOU REMAIN SOLELY RESPONSIBLE FOR PAYING YOUR PROPERTY TAXES WHEN DUE. JERRY DOES NOT PAY YOUR PROPERTY TAXES. IN SOME JURISDICTIONS YOU MUST MAKE A REQUIRED PARTIAL PAYMENT BEFORE THE DELINQUENCY DATE OR YOUR PETITION MAY BE DENIED REGARDLESS OF ITS MERIT. FILING AN APPEAL DOES NOT PAUSE, EXTEND OR EXCUSE YOUR OBLIGATION TO PAY, AND DOES NOT PREVENT INTEREST, PENALTIES OR LIENS.
No guaranteed outcome. We do not guarantee that you will be eligible to appeal, that an appeal will be accepted or heard, that your assessed value or tax bill will be reduced, or that any particular savings will result. In some jurisdictions an assessed value may be sustained or increased following a review. Any illustration of potential savings is an estimate only.
Data and third parties. You authorize us to obtain property, assessment, ownership, permit, sales and market data about your property from public records and third-party data providers, and to use that data to provide the Property Tax Service. We may engage third-party vendors to help compile and review data. We do not share your information with any taxing authority.
Your Use of the Services
User accounts. In order to use most aspects of the Services, you must register for and maintain a user account (“Account”). Account registration requires you to submit certain personal information, such as your name, email address, street address, and/or mobile phone number, etc. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and do not allow any unauthorized access to your phone, other devices or personal information; you shall notify us of any unauthorized access. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us (at: legal@jerry.ai) immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to Jerry and its affiliates. For your protection, if Jerry believes that any unauthorized access may occur or has occurred, Jerry may terminate your account access without prior notice to you. You hereby authorize Jerry, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or to authenticate your identity and account information. This may include asking you for further information and/or documentation relating to your identity or one or more services we are providing, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or other instruments, and to verify your information against third party databases or through other sources.
Products and Services. Jerry partners with insurance carriers, and provides insurance products to users via its technology platform. Jerry provides insurance products via a licensed insurance agency (Jerry Insurance Agency, LLC., California Property & Casualty Broker-Agent license number 0M34848, licensed in 50 states and the District of Columbia). The Services provided by Jerry allow you to view insurance offers or quotes from our partners (e.g., insurance quotes for your personal insurance from various insurance companies) and allow eligible individuals to purchase certain insurance products, and to purchase or enroll in the other Services described in these Terms.
By registering as a Jerry user, you accept these Terms of Use and specifically consent to let us request and receive your consumer report data and other data about you from third parties by utilizing any information you provide directly to us or that we are able to obtain about you from other reputable sources to include in your Jerry account as follows:
“I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Jerry or its affiliated and non-affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to, TransUnion, Experian, and Equifax, in connection with obtaining, quoting, underwriting or servicing insurance products and the other Services I have requested. I understand that my instructions let Jerry and affiliated and non-affiliated companies obtain such information at any time for as long as I have a registered Jerry account to use as described in the Terms of Use and Privacy Policy.”
Any consumer report obtained in connection with insurance is a “soft” inquiry that does not affect your credit score. Where a consumer report, insurance score or similar report contributes to an adverse decision by a carrier, the carrier is responsible for providing any adverse action notice required by law.
Insurance products are only available to people in those jurisdictions in which they may be legally sold. In some cases, Jerry may transact insurance products through ISU. ISU is licensed for transacting property & casualty insurance in 50 states (Jerry is a member of ISU insurance agency network). You may use the Services on your mobile device or through a web browser. By using the Services, you authorize us to collect your personal information and obtain your insurance policy information including, but are not limited to, declaration pages or coverage information from insurance companies and/or data providers, send the information relating to your insurance to third party providers (such as insurance companies), shop insurance, submit applications, purchase new insurance policies, cancel insurance policies that you no longer need, request refunds, speak to insurance companies, and/or perform other actions on your behalf. We do not provide forms of professional advice that may require additional professional licensing, such as legal, medical, accounting, appraisal, or tax advice. The information we provide is not advice on financial products or services on insurance, or otherwise. Any insurance purchasing decisions such as insurance coverages (e.g., types and amounts), limits, and deductibles are solely your responsibility. We have no special relationship with or fiduciary duty to you, and Jerry is not responsible for determining the suitability of any insurance coverages you obtain through the Services. You will review your documentation, review the price quotes for insurance carefully, and determine the needs as you see fit, prior to making any decision to purchase any product(s) through the Services. For insurance offering, you acknowledge that we have no duty to determine or to take any action(s) regarding: (a) who should be insured on your policy or policies; (b) what type of coverage(s) and what amount of coverage(s) should be on your policy or policies; (c) what property or properties should be on your policy or policies. The offers or quotes for product(s) quoted do not constitute a contract or an invitation to contract or a credit application, or a binder or agreement to extend said product(s), and may be subject to change(s) based on additional data collected about user(s) (e.g., verification of claim and credit history where permitted by law, property inspection(s), etc.) and/or any other of insurance carrier’s underwriting criteria, as applicable. During the course of using our insurance services, you may request your insurance company to make us broker of record, and you agree that the effect of such request is not confirmed until the insurance company lists us as the broker of record and lists/shares your policy information with us as your broker of record. If you authorize Jerry to become your insurance broker of record (which may come into effect the day on which you sign up with Jerry or your policy renewal date), such appointment remains in effect until canceled in writing and rescinding all previous appointment(s). You should not cancel any existing insurance until you have received written confirmation from the insurance company to which you are applying that your new policy is effective. You permit Jerry to receive commission or any other form(s) of compensation that third party providers such as insurance carriers, motor clubs, dispatch platforms and other service partners agree to pay to Jerry for your use of the Services. We provide our insurance products and/or services under various marks, names or brands, including but not limited to, “Jerry,” “getjerry,” “Jerry.ai,” “Jerry insurance,” “Jerry car insurance,” and “Jerry home insurance.” We provide services such as membership, telematics, roadside assistance, car membership, tracking driving, driving score, crash notification, accident notification, trip tracking, family tracking, parking assistance, parking location reminder, driving based gamification, maintenance and recall alerts, repair estimates and repair quote sourcing, vehicle value estimate, document storage, and property tax services, etc. under various marks, names or brands, including but not limited to, “Jerry,” “getjerry,” and “Jerry.ai.”
Communications. You expressly consent and agree to receive communications from us, i.e., communications relating to products, services, and marketing, etc., including by phone or electronically, e.g., emails, calls, Facebook Messenger, push notifications, app(s), and Jerry’s websites, to the telephone number(s) and the email address(es) you provided to us, and/or any account you set up with Jerry. You agree that these communications may be made using an automatic telephone dialing system or an artificial or prerecorded voice. Your consent to receive marketing communications is not a condition of purchasing any goods or services, and you may revoke it at any time as described in the SMS Terms and Conditions above. You consent to using the email address(es), telephone number(s) or app(s) to receive service-related notices or communications, including any notices or communications required by law, instead of postal mail. As used in this section, “we” or “us” refers not just to Jerry, but also Jerry’s agents, affiliates, and service partners acting on our behalf, including Motor Club, dispatch providers, and Service Providers in connection with a roadside service request. You agree that we may accept an electronic authorization from you, and that this electronic authorization will have the same effect as a physical wet signature and will appear on all records related to the provision of products and services. Your consent is voluntary and applies to all Communications and information that we receive from you.
Contact by carriers and other providers. When you request a quote, a Confirmed Rate, a policy, roadside service, or another Service that a third party fulfills, you agree that the carrier, motor club, dispatch provider, service provider or other third party involved may contact you directly about that request and about the product or service you requested, at the phone number(s) and email address(es) you provided, including by call, text, and prerecorded or automated message. Each third party’s communications are governed by its own terms and privacy policy. Opting out of Jerry’s messages does not stop communications from a carrier or other third party; to stop those, you must contact the third party directly.
User content. You may submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, and questions you ask us in “Ask an Expert” or “Q and A” features of the Services (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and/or otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We shall be free to use any ideas, concepts, know-hows or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any User Content. You represent and warrant that: (i) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion at any time and for any reason or no reason, without notice to you or any others.
Reviews and testimonials. If you submit a review, rating or testimonial, you agree it will reflect your honest opinion and actual experience, and you will disclose any material connection to Jerry (including any compensation, discount, free product, or other incentive you received). We do not condition, and will not condition, any incentive on the review being positive. We may remove reviews that violate these Terms, but we will not suppress reviews solely because they are negative.
Information on the Services
Our Services display information or content created by you, other users, us and/or third parties, including but not limited to information in the “Ask an Expert” and/or “Q and A” features of the Services. The information or content displayed (including information in the “Ask an Expert” or “Q and A” features of the Services) does not constitute professional advice and is provided for informational purposes only, with no assurance that any information or content displayed is true, current, correct, or accurate. You should not rely on such information or content, and no action or inaction should be taken based on the information found on the Services. The information or content displayed is not a substitute for professional advice. Should you send specific or confidential information, Jerry has no duty to keep that information confidential. You should not delay or forego seeking professional advice based on anything found on the Services. The “Ask an Expert” and “Q and A” features of the Services are not regulated by any national or state bar association or state licenses. The information posted by you and Jerry (including information in the “Ask an Expert” or “Q and A” features of the Services) is not confidential and does not establish a professional relationship between you and Jerry, such as a broker-client relationship, an attorney-client relationship, or a tax advisor, appraiser or property tax representative relationship.
Termination
If you wish to terminate your Account, you may do so at any time using the account closure option in the Jerry app. Closing your Account is not the same as a request to delete your personal information; see the Privacy Policy for privacy rights requests. If you are unable to access your Account, you may email us at hi@jerry.ai for assistance. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice.
Effect of termination on paid Services. Closing your Account does not by itself cancel an insurance policy, a Membership, or a pending Property Tax Service. If you wish to cancel an insurance policy, you must do so with the carrier or ask us to submit the request. If you wish to cancel a Membership, you must use the cancellation method described in the Roadside Assistance section. Property Tax Service fees are earned on delivery of the Information Packet and are not refunded upon Account closure. Amounts already owed remain payable.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, disclaimers, indemnity, payment obligations, the Dispute Resolution section, and limitations of liability.
Your Obligations and Authorizations
By registering with Jerry, you acknowledge and authorize Jerry and its authorized agents to (i) collect information relating to you through the Services, including certain personal information, signatures, data, passwords, usernames, and other information, materials, and content necessary for us to provide the products and services offered through the Services to you, (ii) retrieve and manage information of yours maintained by certain third-party institutions, including financial institutes, insurance companies, data providers, and service providers (“Your Data”), and (iii) act in any way reasonably necessary to accomplish the goal of shopping for insurance and providing the other Services for you subject to any instructions provided by you in advance. You hereby grant us a non-exclusive, royalty-free license under any applicable intellectual property rights to use Your Data solely in connection with the provision of the products and services offered through the Services, and you authorize Jerry to access your connected account(s) and download relevant information in order to provide the Services. To withdraw this authorization, you may cancel and delete your account at any time by emailing us at hi@jerry.ai.
You represent and warrant that Your Data that you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Services due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. In order to connect the Services with any third-party service, you hereby authorize us to: (i) store Your Data in accordance with applicable laws, (ii) use any signatures or other materials you provide us in order to provide you the products and services offered through the Services, (iii) gather and export from such third party service any data or other information reasonably necessary for us to provide the products and services offered through the Services to you, and (iv) otherwise take any action in connection with such third party service as reasonably necessary for us to provide the products and services offered through the Services to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. While the Services may be endorsed by the third-parties with whom Your Data is held from time to time, you should not interpret that we are working directly with the third-party or that the third-party has sponsored or endorsed the Services or our interaction with the third-party’s services at your direction. You understand that you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for us or our authorized representatives to request and receive copies of consumer reports, scores, and related information about you from third parties. We or our authorized representatives may release information to our partners, affiliates, insurance companies, or others, in each case as described in our Privacy Policy.
Third-Party Practices
This Service(s) may contain links to other websites or services that are not maintained by us. Unless otherwise stated, we make no warranties or representations regarding these websites or the products and services offered by them. We do not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other websites, as their practices may differ from ours.
Third-Party Services and Terms. Certain Services are provided by, or depend on, third parties, including insurance carriers, dispatch providers, the Motor Club, Service Providers, telematics providers, repair shops, data providers, and payment processors. Your use of those services may be subject to the third party’s own terms and privacy policy, which you are responsible for reviewing. Jerry is not a party to, and is not responsible for, any agreement between you and a third party.
Mobile Application License
Subject to your compliance with these Terms, Jerry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Jerry mobile application on a device you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved. This license terminates automatically if you violate these Terms or when your Account is closed.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. Government prohibited or restricted party list.
To the extent required by the applicable app store, you acknowledge that: these Terms are between you and Jerry only, not Apple or Google; Jerry, not Apple or Google, is solely responsible for the app and its content; Apple and Google have no obligation to provide maintenance or support for the app or to address any claim relating to it, including product liability, regulatory compliance, consumer protection, and intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Jerry and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. The term “Jerry” in the context of the Services offered by us and the related logos are the trademarks of Jerry. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent expressly permitted by Jerry.
Disclaimer
THE SERVICES ARE MADE AVAILABLE BY US ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE AND THIRD PARTY PROVIDERS DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT JERRY WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE JERRY PRODUCT OR SERVICES WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE TO ANY NATURAL PERSON; OR (IX) THAT JERRY PRODUCTS OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. JERRY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR THEIR GOODS OR SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
NO GUARANTEE OF ACCURACY. JERRY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, THE WEBSITES, AND/OR THE APP.
NO GUARANTEE OF OUTCOME OR SAVINGS. JERRY DOES NOT GUARANTEE THAT YOU WILL SAVE MONEY, OBTAIN A LOWER INSURANCE PREMIUM, OBTAIN A REDUCTION IN ASSESSED VALUE OR PROPERTY TAX, OR ACHIEVE ANY PARTICULAR RESULT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
YOU AGREE NOT TO HOLD JERRY (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE JERRY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY JERRY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL JERRY OR MEMBERS OR THIRD PARTY PROVIDERS BE LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (2) FOR ANY VIRUSES, BUGS, TROJAN HORSES, SYSTEM UPGRADES OR MALFUNCTIONS, INTERNET DELAYS OR MALFUNCTIONS, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (3) FOR ANY DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $500.00. JERRY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE JERRY SERVICES. THE JERRY SERVICES CONNECTS USERS WITH THIRD PARTY PROVIDERS INCLUDING INSURANCE COMPANIES, THE MOTOR CLUB AND SERVICE PROVIDERS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE JERRY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDER IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE JERRY SERVICES, YOU USE THE JERRY SERVICES, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE JERRY SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, TAX OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BY USING THE JERRY SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE JERRY SERVICES.
California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party,” or any statute or common law principle of similar effect.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Jerry, its affiliates and their respective owners, officers, directors, employees, agents, and/or licensors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Jerry Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your information and content that you submit or transmit through the Jerry Services; (v) your violation of any right of a third party; and (vi) any misrepresentation you make in connection with a request for service or a claim. Jerry reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Jerry.
Dispute Resolution
PLEASE READ THE FOLLOWING PROVISION (THE “DISPUTE RESOLUTION TERMS”) CAREFULLY. They require that you arbitrate disputes with Jerry arising out of the Terms of Use or the Services and limit the manner in which you can seek relief from Jerry.
Agreement to Arbitrate. You and Jerry acknowledge and agree that any dispute or claim arising from, concerning or relating in any way to the Services or the Terms of Use (a “Dispute”) shall be resolved by binding arbitration, rather than in court, except for the exceptions set forth below in the “Exceptions to Agreement to Arbitrate.” You and Jerry also acknowledge and agree that Jerry’s employees, officers, directors, agents, independent contractors and representatives (“Representatives”) are third-party beneficiaries to these Dispute Resolution Terms and will have the right to enforce these Dispute Resolution Terms against you. “Jerry,” as used in these Dispute Resolution Terms, shall refer collectively to Jerry and its Representatives unless the context dictates otherwise. These Dispute Resolution Terms survive termination of your Account and of these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow and enforce the terms of these Terms of Use as a court would.
You agree that the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of these Dispute Resolution Terms, including any unconscionability challenge or any other challenge that the Dispute Resolution Terms are void, voidable or otherwise invalid, except that a court, and not an arbitrator, has exclusive authority to resolve any challenge to the Class Action Waiver.
Arbitration Procedures. You agree that any arbitration between You and Jerry shall be conducted by the American Arbitration Association (“AAA”) under its rules, including its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules. AAA’s rules can be found at www.adr.org.
Batching of Similar Claims. If twenty-five (25) or more arbitration demands raising substantially similar claims are filed against Jerry by or with the assistance of the same law firm, organization, or coordinated group within a ninety (90) day period, the demands will be resolved in batches of no more than fifty (50) claimants. Each batch will be treated as a single consolidated arbitration with one arbitrator, one set of applicable filing fees, and one hearing (if any). Counsel for the claimants and counsel for Jerry will each select an equal number of claimants for each batch, and the batches will proceed sequentially. Each arbitration demand must be individualized and must include the claimant’s name, the email address and phone number associated with the claimant’s Jerry account, a description of the specific facts giving rise to that claimant’s claim, and the specific relief that claimant seeks. This provision is intended to increase the efficiency and reduce the cost of resolving similar claims and does not waive any claimant’s right to an individualized determination on the merits. The applicable statute of limitations and any contractual limitations period are tolled for claimants awaiting assignment to a batch, and neither party may argue that a claim is untimely by reason of the batching process. Either party may propose, and the parties may agree, to resolve the batched claims on a different schedule or through mediation.
Governing Law. You and Jerry agree that these Dispute Resolution Terms involve a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of these Dispute Resolution Terms and any proceedings pursuant to them.
The parties agree that the FAA and AAA rules preempt all state laws. To the extent the FAA and AAA rules are found to not govern any Dispute or to not apply to the enforcement of these Dispute Resolution Terms, then the laws of the state of Delaware shall apply.
Location of Arbitration. All arbitrations between You and Jerry shall be conducted in San Francisco, California or the county in which you work or live, or any other location we agree to. You may participate in the arbitration by phone, videoconference, or written submission if permitted by the AAA’s rules or the arbitrator.
Exceptions to Agreement to Arbitration. You may elect to pursue any Dispute you have with Jerry, to the extent it qualifies, in small claims court in the county of Santa Clara, California, or in the county in which you work or live. In addition, either You or Jerry may bring any claim for threatened or actual infringement or misappropriation of a party’s intellectual property rights, including trademarks, copyrights, patents and trade secrets, in federal or state court in Santa Clara, California.
Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Jerry will reimburse all filing and other arbitration fees (excluding attorney fees) for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or were filed for an improper purpose as measured by the standards of Federal Rule of Civil Procedure 11(b). Likewise, Jerry will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Class Action Waiver; No Jury Trial. You agree to arbitrate any Dispute on an individual basis and not as part of a class, including as a class representative. CLASS, REPRESENTATIVE OR COLLECTIVE ACTIONS ARE NOT PERMITTED. If for any reason a Dispute is resolved in court and not in an arbitration, You and Jerry agree to waive any right you may have to a trial by jury. For the avoidance of doubt, the administrative batching of individual claims under the Batching of Similar Claims section is not a class, representative, collective, or consolidated action, and does not affect any claimant’s right to an individualized determination of that claimant’s own claim.
YOU AGREE AND ACKNOWLEDGE THAT YOU AND JERRY ARE EACH WAIVING (1) ANY RIGHT THAT YOU MAY HAVE TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE OR CONSOLIDATED ACTION AND (2) THE RIGHT TO A TRIAL BY JURY.
Public Injunctive Relief. Notwithstanding the foregoing, if a claim for public injunctive relief is asserted and applicable law prohibits waiver of that remedy, the claim for public injunctive relief alone will be severed from the arbitration and stayed pending resolution of the arbitrable claims in arbitration. The severed claim for public injunctive relief will then be litigated in the state or federal courts located in Santa Clara County, California. All other claims will proceed in arbitration, and the remainder of these Dispute Resolution Terms remains in effect.
Commencing an Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Dispute to Jerry at the following address:
Jerry Services, Inc.
Attention: Legal
345 California Ave
Palo Alto, CA 94306
With a copy to: legal@jerry.ai
One Year to Pursue a Dispute. You agree that each party must commence any cause of action (including through arbitration proceedings) concerning, relating to or arising from a Dispute within one (1) year from the date that the cause of action accrued and that if either party fails to do so, such cause of action will be permanently barred, except where a longer period is required by applicable law, in which case the shortest period permitted by law will apply.
Severability of Dispute Resolution Terms. If any term or section in these Dispute Resolution Terms is deemed unenforceable or unlawful, (1) that term or section shall be severed from the remainder of the Dispute Resolution Terms and (2) severance of the unenforceable or unlawful term or section will not impact the remainder of the Dispute Resolution Terms or Terms of Use. If the unenforceability or unlawfulness of a term or section in these Dispute Resolution Terms results in a Dispute being asserted on a class, collective, consolidated, or representative basis, the Dispute must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of the Dispute will be stayed pending the outcome of any Disputes in arbitration. In no event will any Dispute be arbitrated on a class, collective, consolidated, or representative basis.
Right to Opt Out. You may opt out of these Dispute Resolution Terms within thirty (30) days after you first accept Terms of Use containing an agreement to arbitrate, or if you accepted such Terms before the Updated date above, within thirty (30) days after that date. A later revision to these Terms of Use gives you a new opportunity to opt out only if it materially changes these Dispute Resolution Terms. To opt out, email legal@jerry.ai or mail us at:
Jerry Services, Inc.
Attention: Legal
345 California Ave
Palo Alto, CA 94306
For your opt-out to be valid, you must sign your opt-out notice and include: (1) your name, (2) your address, (3) the email address and phone number associated with your Account, and (4) a statement that you have elected to opt out of these Dispute Resolution Terms.
If you opt out of these Dispute Resolution Terms, all other Terms of Use will continue to apply to You.
Other Provisions
Governing Law; Venue. Except as required by applicable law and as set forth in the Dispute Resolution section, these Terms of Use are governed by the laws of California, without regard to its conflict of laws principles. This provision only specifies the use of California law to interpret these Terms of Use and this provision is not to be interpreted as extending California substantive rights to you if you do not reside in California. To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, the parties consent to the jurisdiction of, and each party shall exclusively bring a lawsuit in, the state and federal courts located in Santa Clara County, California. This provision does not apply to the Dispute Resolution Terms or to any arbitrable Dispute as that term is defined therein. Instead, as described in the Dispute Resolution Terms, the Federal Arbitration Act applies to Disputes.
General. You may not assign these Terms without Jerry’s prior written approval. Jerry may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Jerry’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Jerry’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jerry in writing. Nothing in these Terms waives or limits any right you have under applicable law that cannot be waived or limited by agreement, and any provision that conflicts with such a right is modified only to the extent necessary to comply.
Complaints of copyright infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through the Jerry Services infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number and email address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Jerry’s contact information for notice of alleged copyright infringement is via email: legal@jerry.ai or via U.S. mail: 345 California Ave, Palo Alto, CA 94306, Attn: Legal.
Notice. Jerry may give notice by means of a general notice through the Jerry Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Jerry, with such notice deemed given when received by Jerry, at any time by first class mail to: 345 California Ave, Palo Alto, CA 94306, Attn: Legal, or by email to legal@jerry.ai.
Feedback and Information
Any feedback you provide relating to the Services shall be deemed to be non-confidential. Jerry shall be free to use such information on an unrestricted basis.
The information contained in the Jerry website is subject to change without notice.
If you have any questions regarding these Terms or our practices, please contact us by email (legal@jerry.ai) or by U.S. mail (345 California Ave, Palo Alto, CA 94306, Attn: Legal).