Last Updated: June 25, 2020
In addition to Roost’s Terms and Conditions, these American National Terms and Conditions (the “Terms”) govern your use of the home telematics Devices, including the Roost Smart Battery Smoke Alarm Monitor and Roost Smart Water Leak and Freeze Detector (the “Devices”) and the American National Smart Home Mobile Application and is provided to you by Roost, Inc., on behalf of American National Insurance Company (”American National, us, our, or We”). The mobile application includes without limitation its text, graphics, interfaces, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, and other components (collectively, the “Application”). You accept these terms by downloading the Application and/or using the Devices.
American National reserves the right, at its discretion, to modify these Terms at any time. If you do not agree to these Terms as modified, you must stop using the Application and the Devices. Your continued use of the Application and the Devices following the posting of any changes to these Terms constitutes your acceptance of those changes. These Terms governs any updates to the Application or the Devices that replace or supplement the original version unless such update is accompanied by a separate Terms, in which case those Terms will govern.
American National Disclaimers, Limitations, Exclusions and Indemnity
The Application and Devices are provided by Roost on behalf of American National on an “as is,” “without any warranty,” and “without any liability” basis. American National does not guarantee the quality, accuracy, completeness, or timeliness of the Application or the Devices and, to the maximum extent permitted by law, American National expressly disclaims any warranty of any kind with respect to the Application or the Devices, including regarding its availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, or non-infringement.
You acknowledge that you are using the Devices and the Application at your own risk. You hereby release American National and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Devices or of the Application, including but not limited to, any interactions with or conduct of other users or third-party websites or applications of any kind arising in connection with or as a result of the Terms or Roost’s Terms and Conditions or your use of the Devices or the Application. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by American National or for American National’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Devices or the Application provided hereunder.
To the extent American National has any liability under these Terms, American National’s liability shall be limited to the direct property damage caused solely by the Application to your mobile device on which the Application is installed, and caused solely by the Devices to the property in which the Device in installed. To the maximum extent permitted by law, American National and its corporate affiliates are not liable for any other direct, indirect, special, incidental, exemplary, punitive, or consequential damages arising out of, related to or in connection with the Application or Devices, or the use of the Application or Devices, whether based in contract, tort, negligence, strict liability or otherwise, even if American National or its corporate affiliates have been advised of the possibility of such damages. You shall not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from American National or its corporate affiliates outside of the terms and conditions set forth in these Terms. You must file any lawsuit or other action directed against American National or its corporate affiliates, regarding such damages within one year from the date of the event that caused the damage. Some jurisdictions may not permit some of the above disclaimers, limitations, and exclusions, in which case those non-permitted disclaimers, limitations, and exclusions would not apply to you.
You hereby agree to indemnify, defend, and hold harmless American National and its corporate affiliates from and against all claims, losses, expenses, damages, or costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorneys’ fees resulting directly or indirectly from or arising out of your use of the Application or the Devices, or your violation of these Terms or Roost’s Terms and Conditions.