ARTICLE 1: Acceptance of Terms

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1.1 Consent to Terms:

By engaging with, participating in, or utilizing the services provided by Premeem, you expressly accept and consent to the terms and conditions outlined herein. This Agreement encompasses your access to and use of our website, mobile applications, and all related services provided by Premeem.

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1.2 Modification of Terms:

Premeem reserves the right, at its sole discretion, to modify or replace these Terms at any time. Such modifications shall be effective immediately upon posting the revised terms on our website. Your continued use of our services following any such changes constitutes your acceptance of the new Terms and Conditions.

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1.3 Eligibility:

To access or use our services, you affirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is higher. Our services are not intended for individuals under the age of eighteen (18).

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1.4 Compliance with Laws:

Your access to and use of our services are subject to all applicable federal, state, and local laws and regulations. You agree not to use our services in any way that violates such laws or regulations.

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ARTICLE 2. Eligibility

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2.1 Age Requirement:

• Majority Age Compliance: Access to and use of Premeem's services are exclusively available to individuals who have attained the age of majority, being eighteen (18) years or older. By using our services, you affirm and represent that you meet this age requirement and possess the legal capacity to enter into binding contracts.

• Age Verification: Premeem reserves the right to request proof of age at any stage to verify that minors are not using the service.

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2.2 State Restrictions:

• Targeted Jurisdictions: The services provided by Premeem are tailored for and directed towards residents of specific jurisdictions, namely California, Texas, Florida, New Jersey, New York, Illinois, and Pennsylvania. You represent and warrant that you are a resident of one of these states when accessing and using our services.

• Limitation of Service Availability: Premeem does not assert that the services are appropriate or available for use in locations outside the aforementioned states, and accessing the services from territories where their contents are illegal is prohibited.

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ARTICLE 3. Use of Services

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3.1 Compliance:

• Adherence to Legal Standards: In utilizing the services provided by Premeem, you are obliged to conform strictly to all applicable local, state, federal, and international laws, statutes, ordinances, and regulations. Your use of the services shall not infringe upon, misappropriate, or violate the rights of any third party, including but not limited to privacy rights, intellectual property rights, and contractual rights.

• Regulatory Compliance: Your use of the services, particularly in relation to insurance transactions, is subject to adherence to all relevant regulatory guidelines and standards, including those set forth by insurance regulatory authorities in the respective states.

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3.2 Prohibited Uses:

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• Illicit Activities: You are expressly prohibited from utilizing the services for any purposes that are unlawful, fraudulent, or deceptive. This prohibition extends to any form of misuse or malicious use of the services, including attempts to undermine their security, integrity, or proper functioning.

• Enforcement of Prohibitions: Premeem reserves the right to investigate and take appropriate legal action against anyone who, in Premeem’s sole discretion, violates this provision, including without limitation, reporting such user to law enforcement authorities.

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ARTICLE 4. Text Message Opt-In and Opt-Out

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4.1 Opt-In to Text Messages:

• Consent to Receive Messages: By voluntarily providing your mobile phone number to Premeem, you explicitly consent to receive text (SMS) messages from us at that number, which may include but are not limited to informational messages and promotional communications related to our services.

• Nature of Messages: The frequency of text message communications may vary, and standard message and data rates may apply as provided by your mobile carrier.

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4.2 Opt-Out Instructions:

• Right to Discontinue Messages: You may withdraw your consent to receive text messages from Premeem at any time. To cease receiving text messages, you must reply with the word “STOP” to any of our messages.

• Confirmation of Opt-Out: Upon receiving your opt-out request, we will send you one final message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us.

• Assistance: For assistance or information about the text message services, reply with the word “HELP.”

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ARTICLE 5. Account and Security

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5.1 Account Creation:

• Truthful and Accurate Information: When establishing an account with Premeem, you agree to provide information that is true, accurate, current, and complete as required by our registration process. This includes your full name, date of birth, address, and specific information related to your vehicle(s), such as the year, make, model, VIN, and driver license number.

• Verification and Validation: Premeem reserves the unequivocal right to undertake necessary actions to verify the authenticity and accuracy of the information provided. We retain the authority to refuse service, terminate accounts, or edit or remove content at our sole discretion, particularly in instances where information is found to be inaccurate, fraudulent, or in violation of these Terms.

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5.2 Responsibility:

• Account Security: You bear sole responsibility for safeguarding the confidentiality of your account credentials, including passwords, and for restricting access to your devices. You accept full accountability for all activities conducted under your account or from your devices.

• Notification of Unauthorized Use: You are obligated to notify Premeem immediately upon becoming aware of any unauthorized use of your account or any other breach of security. Premeem disclaims any liability for losses or damages arising from your failure to maintain the security of your account.

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ARTICLE 6. Intellectual Property

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6.1 Ownership:

• Proprietary Rights: All contents displayed on or constituting the Premeem website, including texts, graphics, logos, images, and software, are owned by Premeem or its licensors and are protected under copyright and related intellectual property laws. This encompasses the compilation of all content on the site.

• Use Restrictions: By these Terms, you are granted a non-exclusive, non-transferable, revocable license to access and use the Premeem website in strict accordance with these Terms. You warrant that your use of the site shall not contravene any applicable laws or infringe upon the rights of any third party.

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6.2 Prohibited Intellectual Property Activities:

• Infringement of Rights: You are expressly prohibited from any form of infringement or misappropriation of the intellectual property rights of Premeem or any third party. This includes, but is not limited to, unauthorized replication, duplication, copying, selling, reselling, or exploitation of any aspect of the Premeem services or access thereto.

• Acknowledgment of Ownership: You acknowledge that all trademarks, service marks, and trade names used on the site are either trademarks or registered trademarks of Premeem or its affiliates, and you agree not to challenge their ownership or use these marks without our prior written consent.

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ARTICLE 7. Service Availability
 

7.1 Modifications:

• Right to Alter Services: Premeem reserves the irrevocable and unilateral right to modify, alter, suspend, or discontinue any aspect of the services, including features and availability, at any time and without prior notice. This right extends to all service offerings, web content, and access modalities.

• No Liability for Modification: In exercising this right, Premeem shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services.

• SMS Policy Servicing: Customers can make policy changes or updates via text message or email. Customer service is available from 9am-9pm EST. Msg and data rates may apply.

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7.2 Availability:

• No Guarantee of Uninterrupted Service: While Premeem endeavors to ensure continuous and uninterrupted access to its services, we do not warrant that the services will be uninterrupted, timely, secure, or error-free. Service availability may be affected by factors including, but not limited to, system maintenance, server downtime, increased internet traffic, programming errors, regular updates, and other related issues.

• Limitation of Liability: Premeem shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the inability to access or use the services.

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ARTICLE 8. Privacy

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8.1 Data Use:

• Collection and Usage: The personal information collected through our website, including full names, addresses, driver license numbers, and vehicle details, is used to provide insurance quotes and facilitate the purchase and delivery of insurance products. Premeem strictly adheres to state regulations in all targeted states, including California, Texas, Florida, New Jersey, New York, Illinois, and Pennsylvania, regarding the collection, storage, and deletion of this data.

• Data Sharing: Premeem does not share any personal information with third parties.

• User Consent and Communication Preferences: Consent is obtained when users download our app and accept the terms and conditions, or by texting our number (888-381-2611). Users can manage communication preferences via email at info@premeem.com, through unsubscribe links in emails, or by calling 888-381-2611.

• Security Measures: User data is protected using secure third-party storage services and physical safes/vaults requiring a code or key for access.

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ARTICLE 9. Limitation of Liability

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9.1 Liability Limit:

• Scope of Liability: To the fullest extent permitted by applicable law, Premeem shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

• Cap on Monetary Liability: In no event shall Premeem's aggregate liability for all claims relating to the services exceed one hundred U.S. dollars (U.S. $100.00).

• User Rights: Users have the right to opt-out of communications, be informed of data collection, request disclosure or deletion of their data, and expect equal services and prices.

• Obligations: To use our website for estimates, users must provide accurate personal and vehicle information.

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ARTICLE 10. Indemnification

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10.1 Your Indemnification:

• Agreement to Indemnify: You agree to defend, indemnify, and hold harmless Premeem, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the services, including, but not limited to, your User Contributions, any use of the services' content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the services.

• Obligation to Cooperate: In the event of any claim or legal proceedings brought against Premeem, you agree to provide prompt and complete cooperation at your expense as required by Premeem.

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ARTICLE 11. Termination

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11.1 Termination Rights:

• Right to Terminate: Premeem reserves the right, in its sole discretion, to terminate or suspend your account and access to all or any part of the services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.

• Consequences of Termination: Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the services.

• Survival of Terms: Termination of your access to and use of the services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Premeem or any third party.

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ARTICLE 12. Governing Law

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12.1 Jurisdiction:

• Applicable Law: These Terms and Conditions and your use of the services will be governed by and construed in accordance with the laws of the state in which Premeem operates, without giving effect to any principles of conflicts of law.

• Jurisdiction for Disputes: You agree that any legal action or proceeding between you and Premeem arising out of or related to these Terms and Conditions or the services shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state in which Premeem operates.

• Binding Nature of Terms: These Terms and Conditions are binding and inure to the benefit of Premeem's successors and assigns.

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ARTICLE 13. Amendment of Terms

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13.1 Right to Amend Terms:

• Revision and Update Authority: Premeem expressly reserves the right to revise, update, or otherwise modify these Terms and Conditions at any time and in its sole discretion. Such changes may reflect updates in legal requirements, business practices, or service adjustments.

• Notification of Changes: Efforts will be made to inform users of significant changes to these Terms and Conditions. This may be done through email notifications, alerts on the Premeem website, or other appropriate communication channels.

• User's Continued Acceptance: Your continued use of Premeem's services after the posting of changes to the Terms and Conditions will constitute your acceptance of such changes. It is your responsibility to regularly check the Terms and Conditions for updates.

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ARTICLE 14. Dispute Resolution

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14.1 Mandatory Arbitration:

• Arbitration as Sole Remedy: In the event of any dispute, claim, or controversy between you and Premeem related to these Terms and Conditions or the use of services, such dispute shall be resolved exclusively through final and binding arbitration, rather than in court.

• Arbitration Procedures: The arbitration will be conducted under the rules of an established arbitration association as agreed upon by the parties. The arbitration shall occur in the state where Premeem operates, and shall be conducted in the English language.

• Waiver of Jury Trial and Class Actions: By agreeing to these Terms, you and Premeem acknowledge and agree to waive the right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration.

• Procedure: Disputes should be emailed to info@premeem.com. We aim to provide a resolution within 7 business days. If a resolution is declined, users may terminate their subscription.

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ARTICLE 15. Severability

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15.1 Severability of Provisions:

• Validity of Remaining Terms: Should any provision of these Terms and Conditions be deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving to the maximum extent possible the original intentions of the parties. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

• Adjustment of Invalid Provisions: Adjustments to any invalid provision will be in line with the fundamental objectives of these Terms and Conditions, and the remaining parts will continue to be in full force and effect.

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ARTICLE 16. Waiver

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16.1 Non-Waiver of Rights:

• Conditions for Waiver: No waiver under these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the party against whom the waiver is to be enforced. The waiver by Premeem of any breach or default of these Terms shall not be construed as a waiver of any subsequent breach or default.

• Continued Rights and Remedies: The failure or delay of Premeem in exercising any right, power, or privilege under these Terms and Conditions shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

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ARTICLE 17. Contact Information

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17.1 Contact Us:

• Queries and Clarifications: If you have any questions, concerns, or need clarification regarding these Terms and Conditions, Premeem encourages you to contact us. We are committed to providing support and addressing your inquiries promptly and efficiently.

• Contact:

Address: Premeem, Attn: Compliance Dept, 6761 Pansy Drive, Miramar, FL 33023

Email: info@premeem.com

Contact: 888-381-2611

Fax: 561-537-5456