Last Updated: 03/21/2019
Gulfstream Terms for Roost Devices and Roost mobile Application
In addition to Roost’s Terms and Conditions, these Gulfstream Terms and Conditions (the “Terms”) govern your use of the home telematics Devices, including the Roost Smart Water Leak Detector and Roost Smart 9V Battery (the “Devices”) and the Roost Smart Home Mobile Application, which is provided to you by Roost, Inc., on behalf of Gulfstream Property and Casualty Insurance Company and Gulfstream Select Insurance Company (”Gulfstream, 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.
Gulfstream 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.
Consent
You agree that, by using any Roost Device or the Roost Application, you consent to Roost sharing with Gulfstream the data associated with the Devices and Application.
Gulfstream Disclaimers, Limitations, Exclusions and Indemnity
The Application and Devices are provided by Roost on behalf of Gulfstream on an “as is,” “without any warranty,” and “without any liability” basis. Gulfstream is not the designer, manufacturer, broker, seller, or re-seller of the Application and Devices. Gulfstream does not guarantee the quality, accuracy, completeness, or timeliness of the Application or the Devices and, to the maximum extent permitted by law, Gulfstream 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.
To the extent Gulfstream has any liability under these Terms, Gulfstream’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, Gulfstream 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 Gulfstream 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 Gulfstream 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 Gulfstream or its corporate affiliates, regarding such damages within one year from the date of the event that caused the damage, and such lawsuit or other action much be filed in a state or federal court located in or for Sarasota County, Florida. 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 solely to the extent such disclaimers, limitations, and exclusions are not permitted.
You hereby agree to indemnify, defend, and hold harmless Gulfstream 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.
Privacy
For an explanation of how Gulfstream collects, uses and shares information and data, please refer to the Gulfstream privacy policy at www.gspcic.com/privacy-policy. You agree to the collection, use and sharing of information and data you provide to Gulfstream in accordance with these Terms, the Gulfstream privacy policy, the Roost Terms and Conditions, and Roost’s Privacy Policy.