Rover Pet Insurance Terms of Service
Rover Pet Insurance Privacy Addendum
Rover Pet Insurance Services Terms of Service
Last Updated: May 4, 2023
PLEASE READ THESE TERMS CAREFULLY. SECTION 11 INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND SECTION 13 INCLUDES A CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.
Rover Pet Insurance Services, LLC (“Rover Pet Insurance,” “we,” or “us”) is a licensed insurance producer in these states of the United States (CA License No. 6010213). We engage in insurance producer activities as permitted by law, including, but not limited to, offering pet insurance products and information regarding pet insurance, assisting you in obtaining pet insurance quotes through websites, mobile applications and mobile websites, social media applications, online or phone, or any other access point we make available to you (the “Pet Insurance Services”). The Pet Insurance Services are not intended for nor available outside of the states in which we are licensed.
By using the Pet Insurance Services, you agree to these Rover Pet Insurance Services Terms of Service (these “Terms”), and any additional terms as may be provided to you when you engage with our Pet Insurance Services. Your use of the “Rover Service,” including the Rover.com website and mobile application and as further defined in the Rover Terms of Service, is subject to the Rover Terms of Service.
You understand and agree that we may change these Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 11.10 below) when we post the modified Terms, unless otherwise required by applicable law. Your continued access and use of the Pet Insurance Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
1. Pet Insurance Services.
Rover Pet Insurance is not an insurer. We provide information and content about pet insurance for educational and informational purposes only. In addition, we enable pet owners to receive quotes electronically from our insurance partners through a quote engine (the “Quote Engine”) that may be powered by third parties.
We receive a fee when you buy an insurance policy from one of our insurance partners (as listed here and as may be updated from time to time, “Insurance Partners”). Prices, coverages, privacy policies, and terms and conditions vary among our Insurance Partners. Insurance products and their availability may also vary depending on your location and individual circumstances. The insurance products offered by us are only available in the jurisdictions in which we are licensed.
2. Quotes are non-binding and do not constitute insurance coverage.
The insurance policy premium amounts, coverages, and other terms displayed through the Quote Engine are non-binding and do not constitute insurance coverage. To obtain insurance coverage from an Insurance Partner, you must click “Buy for $XX.XX/monthly” to go to that Insurance Partner’s website and follow their instructions to complete an application, which must be reviewed and approved by that Insurance Partner or their underwriter. Each Insurance Partner may also have additional steps for you to complete and terms to which you must agree.
Rover Pet Insurance is not an insurer. The applicable Insurance Partner is solely responsible for claims on its policies, and any coverage you purchase from the Insurance Partner is subject to specific terms and conditions of that specific policy and the Insurance Partner.
3. Your use of Pet Insurance Services; suspension and termination.
By accessing and using the Pet Insurance Services, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Pet Insurance Services.
In addition, you agree to the following:
- To use the Pet Insurance Services only in a lawful manner and for its intended purposes.
- Not to submit viruses or other malicious code to or through our Pet Insurance Services.
- Not to use the Pet Insurance Services, or engage with other users of the Pet Insurance Services, for purposes that violate the law, violate intellectual property rights, or violate the legal rights of others.
- Not to use the Pet Insurance Services for purposes of competing with us or our corporate affiliates or to promote other products or services.
- Not to submit “spam” or other unauthorized commercial communications.
- To use the Pet Insurance Services only for your own purposes, and not to impersonate any other person.
- Not to provide false information or engage in fraudulent transactions.
- To ensure that your application for coverage with any of our Insurance Partners is fully and truthfully completed, and fully and accurately reflects and discloses the circumstances and health conditions of pets for whom you are seeking coverage.
- Not to interfere with our provision of, or any other user’s use of, the Pet Insurance Services.
Violation of the above or any provision in these Terms, as determined by us in our sole discretion, may result in suspension or termination of your access to the Pet Insurance Services or the Rover Service. Such a determination may also, at the applicable Insurance Partner’s discretion, result in the rescission of any insurance product issued to you by that Insurance Partner.
You understand and agree that we have no obligation to you to provide the Pet Insurance Services in any specific location or territory, nor to continue providing it once we have begun. You agree that we may, in our sole discretion, modify, discontinue or suspend our operation of the Pet Insurance Services at any time and for any reason without notice or liability to you.
4. Privacy.
Our collection and use of your personal information through the Pet Insurance Services is described in our Privacy Addendum. By accessing or using the Pet Insurance Services, you acknowledge that you have read and understand the Privacy Addendum.
5. Disclaimers; Third-Party Products and Links.
The Pet Insurance Services may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The information and materials made available through the Pet Insurance Services, including text, graphics, information, links or other items, are provided “as is” and “as available.” Information regarding insurance products that are made available through the Quote Engine, but not directly by Rover Pet Insurance, is that of its respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROVER PET INSURANCE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE PET INSURANCE SERVICES; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ROVER PET INSURANCE; (3) WARRANT THAT YOUR USE OF THE PET INSURANCE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PET INSURANCE SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROVER PET INSURANCE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PET INSURANCE SERVICES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY INSURANCE PARTNER THAT OFFERS INSURANCE PRODUCTS VIA THE PET INSURANCE SERVICE.
THE PET INSURANCE CONTENT AND QUOTES WE PRESENT ARE PROVIDED FOR YOUR PERSONAL INFORMATION AND EDUCATION ONLY. THEY ARE NEITHER INTENDED AS NOR A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE, AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT WITHOUT DOING FURTHER RESEARCH ON YOUR OWN OR WITH A FINANCIAL PROFESSIONAL. THE QUOTES WE PRESENT ARE BASED ON THE PRELIMINARY AND LIMITED DATA THAT YOU PROVIDE TO US, AND DO NOT ACCOUNT FOR OTHER FACTORS THAT MAY AFFECT THE PRICES AND TERMS OF YOUR INSURANCE COVERAGE. ALTHOUGH WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE QUOTES ARE ACCURATE, NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO THEIR ACCURACY OR WITH RESPECT TO THE ACCURACY OF ANY OTHER CONTENT.
THE INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE PET INSURANCE SERVICES ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE THIRD-PARTY PRODUCTS PROVIDED TO YOU BY THE APPLICABLE INSURANCE PARTNER, PURSUANT TO THAT INSURANCE PARTNER’S TERMS AND CONDITIONS. ANY AND ALL QUESTIONS, CONCERNS OR DISPUTES REGARDING ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE APPLICABLE INSURANCE PARTNER.
6. Your Content.
6.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials in connection with using the Pet Insurance Services (collectively, “Your Content”).
6.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Addendum, to the maximum extent and duration permitted under any applicable law, you grant Rover Pet Insurance and its affiliates an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Pet Insurance Services, and to sublicense these rights to third parties.
6.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Rover Pet Insurance and its affiliates and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 6.2 and the other provisions of these Terms.
6.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 6.2 and make the release in Section 6.3 with respect to Your Content; (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
6.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Pet Insurance Services. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7. Copyright Infringement.
Rover Pet Insurance follows the procedures of the Digital Millennium Copyright Act. We will respond to claims of copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights.
If you believe in good faith that your copyrighted work has been infringed by content posted by us, please provide our designated copyright agent with a written notice that includes all of the following information:
- A description of the copyrighted work you believe to have been infringed;
- A description of the URL or other location in the Pet Insurance Services of the material you believe to be infringing;
- Your name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Our designated agent for notice of copyright infringement can be reached at:
Rover Pet Insurance Services, LLC
Attention: Copyright Notice
720 Olive Way, Suite 1900, Seattle 98101
copyright@rover.com
8. Indemnity.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ROVER PET INSURANCE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO: (1) your transactions and interactions, online or offline, through the Pet Insurance Services; (2) your breach of these Terms; (3) your disputes with Insurance Partners; (4) your misstatements, misrepresentations, or violation of applicable law; or (5) any information or content you submit through or post on the Pet Insurance Services. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
9. Intellectual Property.
9.1 Pet Insurance Services. Rover Pet Insurance and its licensors retain all right, title and interest in and to the Pet Insurance Services, the technology and software used to provide it, all electronic documentation and content available through the Pet Insurance Services (other than Your Content), and all intellectual property and proprietary rights in the Pet Insurance Services and such technology, software, documentation and content. Except for your rights to access and use the Pet Insurance Services set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Pet Insurance Services any feedback or suggestions for improvement that you provide to us concerning the Pet Insurance Services, without any obligation of compensation.
9.2 Rover Pet Insurance Trademarks. Rover Pet Insurance or its applicable affiliate(s) own all rights in and to its trademarks, service marks, brand names and logos (the “Rover Marks“). As a condition of your use of the Pet Insurance Services and the foregoing license, you agree that (1) you have no ownership rights in the Rover Marks and all goodwill associated with your use of the Rover Marks inures solely to the benefit of Rover Pet Insurance or its applicable affiliate(s) and (2) you will not adopt or use any Rover Marks other than as explicitly authorized by Rover Pet Insurance or its applicable affiliate(s), and you will not use, register, or apply to register the Rover Marks, the term ROVER, or any other term that includes the term ROVER, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.
10. Limitation of Liability.
To the maximum extent permitted under applicable law, in no event will Rover Pet Insurance be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Pet Insurance Services, including without limitation damages related to any information received from the Pet Insurance Services, removal of your content from the Pet Insurance Services, any suspension or termination of your access to the Pet Insurance Services, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Pet Insurance Services, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ROVER PET INSURANCE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PET INSURANCE SERVICES OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO ROVER PET INSURANCE (WHICH, FOR THE AVOIDANCE OF DOUBT, EXCLUDES ANY AMOUNTS PAID BY YOU TO INSURANCE PARTNERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID ROVER PET INSURANCE FOR THE USE OF ANY PET INSURANCE SERVICES, THE AMOUNT OF $100.00 USD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROVER PET INSURANCE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING OUR INSURANCE PARTNERS) IN CONNECTION WITH THE PET INSURANCE SERVICES, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PET INSURANCE SERVICE, OR FOR ANY INTERACTIONS WITH ANY INSURANCE PARTNER, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF OTHERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH AN INSURANCE PARTNER, YOU AGREE TO RELEASE ROVER PET INSURANCE FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IN NO EVENT WILL ROVER PET INSURANCE BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF AN INSURANCE PARTNER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
11. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY, AS IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED.
11.1 Arbitration Agreement; Claims. This Section 11 is referred to as the “Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 11.9 below, you and Rover Pet Insurance (together, the “Parties”) agree that any and all disputes or claims that arise between you and Rover Pet Insurance relating to the Pet Insurance Services or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by Rover Pet Insurance arising out of or related to a violation of Section 3, above, (3) claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) or emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), and (4) claims that an arbitrator determines cannot be made subject to arbitration as described in Section 11.2 below.
11.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 11.9 below, you and Rover Pet Insurance agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims. If there is a final determination by the arbitrator (or the court, if required by law) that applicable law precludes enforcement of the Arbitration Agreement as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy will be severed and stayed pending arbitration of the remaining claim, cause of action or requested remedy.
11.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ROVER PET INSURANCE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROVER PET INSURANCE AGREE OTHERWISE, YOU AGREE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PET INSURANCE SERVICE USERS. Notwithstanding any other provision of this Arbitration Agreement or the Rules (as defined in Section 11.5), disputes regarding the interpretation, applicability, or enforceability of this Section 11.3 may be resolved only by a court and not by an arbitrator. In any case in which (a) the dispute is filed as a class, collective, or representative action and (b) there is a final judicial determination that this Section 11.3 is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then: (i) that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and stayed; (ii) this Section 11.3 shall be enforced in arbitration on an individual basis as to all such remaining claims or remedies to the fullest extent possible; and (iii) the stayed claims and/or remedies may be brought in a court of competent jurisdiction after all remaining claims are resolved by the arbitrator.
11.4 Pre-Arbitration Dispute Resolution. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. Before you commence arbitration, you must first contact us in writing to explain your complaint through the office listed below and give us an opportunity to work with you to resolve it. Your legal representative, if you have one, may contact us by mail at Rover Pet Insurance Services, LLC, Attn: Legal, 711 Capitol Way S., Suite 204, Olympia, WA 98501. Your written complaint must include your name, the email address associated with your account, a detailed description of the nature and basis of the dispute, and the specific relief sought. Your written complaint must be on an individual basis and personally signed. For any dispute that Rover Pet Insurance initiates, a written complaint will be signed by a Rover Pet Insurance representative and sent to the email address associated with your account. If the issue is not resolved within 30 days after receipt of the written complaint, either party may initiate arbitration as specified in Section 11.5 “Arbitration Procedures.”
11.5 Arbitration Procedures. As used in this Section 11, the applicable arbitration rules described below are referred to collectively as the “Rules.”
The arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (as modified by the JAMS Consumer Arbitration Minimum Standards in cases of consumer arbitrations) (the “JAMS Rules”) in effect at the time a claim is made, currently available at https://www.jamsadr.com/rules-streamlined-arbitration and https://www.jamsadr.com/consumer-minimum-standards/, respectively.
All Rules, as modified by this Arbitration Agreement, are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator also must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 10. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, providing a concise written statement of the essential findings and conclusions on which the award is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
The arbitrator will not be bound by rulings in prior arbitrations involving different Pet Insurance Services users, but will be bound by rulings in prior arbitrations involving the same Pet Insurance Services user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
11.6 Costs of Arbitration. Payment of all filing, administration, case management, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the applicable Rules. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. At the end of any arbitration, the arbitrator may award reasonable attorney’s fees and costs or any portion thereof to either party upon determining that the claim, cross-claim, or defense is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorized by applicable law.
11.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all Parties.
11.8 Severability. If any term, clause or provision of this Section 11 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 11 will remain valid and enforceable, provided that if the finding of partial invalidity or unenforceability results in a final determination that the class action waiver set forth in Section 11.3 fails with respect to all of the claims in arbitration, then Section 11 will be unenforceable in its entirety.
11.9 Opt-Out Procedure. You can choose to reject your agreement to arbitration (Section 11.2) and your waiver of the right to bring or participate in class or representative actions (Section 11.3) by mailing us a written opt-out notice (“Opt-Out Notice“) in accordance with the terms of this Section 11.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Rover Pet Insurance Services, LLC, Attn: Legal, 711 Capitol Way S., Suite 204, Olympia, WA 98501. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and the class action waiver and must include your name, address, phone number, and the email address(es) used in connection with the Pet Insurance Services. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement and class action waiver. If you opt out of the agreement to arbitrate and the waiver of the right to participate in class and representative actions, none of the arbitration provisions will apply to you and you will not waive your right to engage in class or representative actions, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 12.
11.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Rover Pet Insurance prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to these Terms, and will not be effective as to any claim that was filed in a legal proceeding against Rover Pet Insurance prior to the effective date of removal.
12. Governing Law and Jurisdiction.
These Terms, and any dispute between you and Rover Pet Insurance, will be governed by the laws of the State of Washington and applicable federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 11 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Rover Pet Insurance must be resolved exclusively by a state or federal court located in the State of Washington, and you and Rover Pet Insurance agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes.
13. Class Action Waiver.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROVER PET INSURANCE AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PET INSURANCE SERVICES USERS.
14. Force Majeure.
Rover Pet Insurance shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters.
15. Miscellaneous.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with Rover Pet Insurance ends.
For questions or concerns about the Pet Insurance Services or these Terms, please refer to the Rover Help Center, or contact us at 888-453-7889.
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Last revised: May 2023
Rover Pet Insurance Privacy Addendum
The Rover Pet Insurance Services Privacy Addendum (this “Privacy Addendum”) explains how Rover Pet Insurance Services, LLC (“Rover Pet Insurance”) and its affiliates (collectively with Rover Pet Insurance, “Rover, “we,” or “us”) collect, use, and disclose your personal information to enable Rover Pet Insurance to provide you with information about insurance products and connect you with pet insurance services and companies, including to obtain a quote (“Pet Insurance Services”).
This Privacy Addendum applies to personal information we collect when you use the Pet Insurance Services, including to browse pet insurance options or request a quote, or when you otherwise interact with us. This Privacy Addendum is separate from the Rover Privacy Statement, which applies to your use of the Rover website, software applications, and related services for pet owners and pet service providers to find each other and arrange for the provision of pet care services (the “Rover Service”). For clarity, when using any aspect of the Rover Service to access or use Pet Insurance Services, this Privacy Addendum and not the Rover Privacy Statement will apply.
Some of our affiliates may have separate privacy statements. Our corporate affiliates and any separate privacy statements are listed here under the section titled “Corporate affiliates.” This Privacy Addendum does not apply to websites, applications, or services that display or link to other privacy statements, unless expressly stated otherwise in those privacy statements or in this Privacy Addendum.
FACTS: | What does Rover Pet Insurance do with your personal information? |
Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. |
What? | The types of personal information we collect and share depend on the product or service you have with us. This information can include:
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How? | All financial companies need to share consumer personal information to run their everyday business. In the section below, we list the reasons financial companies can share their consumers’ personal information; the reasons Rover Pet Insurance chooses to share; and whether you can limit this sharing. |
Reasons we can share your personal information | Does Rover Pet Insurance share? | Can you limit this sharing? |
For our everyday business purposes – such as to obtain your quote and other related activities, including communicating with our nonaffiliate insurance partners on your behalf | Yes | No |
For our marketing purposes – to offer our products and services to you | Yes | Yes |
For joint marketing with other financial companies | No | We don’t share |
To prevent fraud, comply with a valid court order, or governmental or regulatory request, or as otherwise required by law | Yes | No |
For our affiliates’ everyday business purposes – information about you and your pet as provided by you | Yes | No |
For our affiliates to market to you | No | We don’t share |
For nonaffiliates to market to you | Yes | Yes |
To limit our sharing |
Please note: Except as permitted by law, if you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. |
Questions? | Call 888-453-7889 or go to our Help Center. |
Who we are | |
Who is providing this notice? | Rover Pet Insurance Services, LLC |
What we do | |
How does Rover protect my personal information? | To protect your personal information from unauthorized access we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
No method of transmission through the Internet or mobile applications is 100% safe. Therefore, although we use commercially reasonable means to protect your information, we cannot guarantee its absolute security. |
How does Rover collect my personal information? | To provide Pet Insurance Services, we collect information you provide to us to generate a quote, including your name, email, zip code, and information about your pet. We may also collect personal information, for example, when you:
We may also collect personal information from others, such as affiliates, or joint marketing providers or lead providers. |
Why can’t I limit all sharing? | Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. |
What happens when I limit sharing for an account I hold jointly with someone else? | N/A |
Definitions | |
Affiliates | Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include companies within the Rover Group, Inc. family; nonfinancial companies, such as A Place for Rover, Inc. and others. |
Nonaffiliates | Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates we share with can include insurance partners, such as (without limitation):
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Joint marketing | A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partners include insurance technology providers, insurance agents and insurance companies. Rover Pet Insurance Services, LLC does not jointly market. |
Other important information | |
You may have additional rights under state law for personal information you share with our affiliates. That personal information is generally not subject to this Privacy Addendum. For more information about your rights as a California resident, see “California Privacy Rights & Notices” in the Rover Privacy Statement. |