Terms of use

Last updated: August 25, 2020

These Terms of Use (the “Terms of Use” or the “Agreement”) are applicable to your access to and use of the websites, mobile applications, and other online services associated with the prescription drug access program (the “Program”) and related products and services which are operated by Hippo Technologies LLC or Hippo Network LLC (“Hippo” also, “our”, “us”, or “we”) that link to or incorporate these Terms of Use (the “Online Services”). Your access to and use of the Online Services is subject to these Terms of Use, regardless of whether you create an account through the Online Services (“Account”).

If you do not understand or agree to be bound by these Terms of Use, do not access or use the Online Services.

 

BY USING THE ONLINE SERVICES OR OTHERWISE ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION THE CONFIDENTIALITY PROVISIONS IN WHICH YOU AGREE TO KEEP THIS SOFTWARE AND ALL INFORMATION REGARDING THE SOFTWARE CONFIDENTIAL. Please read them carefully. Your continued use of the Online Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the Hippo Privacy Policy  and this Agreement, this Agreement shall control.

THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.   PLEASE SEE APPLICABLE LAW AND DISPUTE RESOLUTION  FOR INFORMATION.

 

PRIVACY

Our Privacy Policy is part of these Terms of Use and is incorporated into the Terms of Use by this reference.   By accepting these Terms of Use, you agree to our collection, use, and disclosure of information as described in the Privacy Policy.   We encourage you to review our Privacy Policy.

 

ELECTRONIC COMMUNICATIONS

When you use the Online Services or send e-mail to us, you are communicating with us electronically. You agree that Hippo may contact you by telephone, e-mail or text messages (including an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Hippo account, including for marketing purposes.   Message and data rates may apply. You consent to receive communications from us electronically. You may opt out of receiving text messages from Hippo at any time, either by replying “STOP” to messages sent via a short code (i.e., a 5- or 6-digit phone number), by following the instructions in the communications you receive using the mobile device that is receiving the messages, or by updating your preferences in your Account on our webpage.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You understand that you will need to have access to certain hardware and software requirements, such as Internet access, a relatively recent version of PDF software (e.g., Adobe Acrobat Reader), the ability to print, email access and a relatively recent version of a web browser (e.g., Internet Explorer, Safari, Firefox or Chrome) in order to access and print certain communications that we will send to you. By agreeing to these Terms of Use, you acknowledge that you have the ability to access and retain PDF files. Subject to our documentation retention policies, you have the right to withdraw your consent and/or receive any of the legally required disclosures we have given to you in paper form, but we may charge you a reasonable fee to cover the cost of printing and mailing these notices. To update your contact information, you can access your Account via the Online Services.

 

INTELLECTUAL PROPERTY

All content included in or made available through the Online Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, along with the compilation of such content, is the property of Hippo or its content suppliers, and is protected by United States copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under U.S., other national laws, or international law.

Hippo retains all copyright and other proprietary rights in the contents of this Website and the Online Services (the “Content”). Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Hippo or any third party. Certain portions of the Online Services contain information supplied and updated by third parties, or include links to third-party sites. Hippo is not responsible for, and makes no warranty as to the accuracy of, such information or sites.

Hippo claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Hippo should be inferred from their use. You are not permitted to use the trademarks displayed on the Online Services without the prior written consent of Hippo or the third party that may own the trademarks.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Hippo’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content contained in the Online Services or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

 

YOUR ACCOUNT

We may require that you create an Account to access or use some or all of the Online Services.  By creating an Account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current.  If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any Account you establish, decline to provide you with the Online Services, and/or refuse any or all current or future use of the Online Services or any portion thereof.

If you create an Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.  You may not share your Account and password with anyone.  You agree that you are responsible for all activities that occur under your Account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your Account.

 

YOUR CONDUCT

When using the Online Services, you agree to:

  • comply with all applicable laws, rules, and regulations;
  • not take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials and information available through the Online Services;
  • not use the Online Services for any purpose that is unlawful or prohibited by these Terms of Use;
  • not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;
  • not attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
  • not probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services;
  • not attempt to breach the security or bypass the authentication measures on the Online Services or any network connected to the Online Services;
  • not upload any viruses or other malicious code to the Online Services;
  • not use the Online Services, or any service or information made available or offered by or through the Online Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Online Services; and
  • not use any automated means to collect information or content from or otherwise access the Online Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.

 

HIPPO IS NOT INSURANCE

HIPPO IS NOT INSURANCE AND IS NOT INTENDED AS A SUBSTITUTE FOR INSURANCE. HIPPO IS NOT A MEDICARE PRESCRIPTION DRUG PLAN OR A QUALIFIED HEALTH PLAN UNDER THE AFFORDABLE CARE ACT. HIPPO DOES NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER FEDERAL OR STATE LAW. YOU ARE OBLIGATED TO PAY FOR ALL MEDICATIONS, BUT YOU MAY RECEIVE A DISCOUNT FROM THOSE PHARMACIES THAT HAVE CONTRACTED WITH THE DISCOUNT PLAN ORGANIZATION. SAVINGS WILL VARY BY MEDICATION AND BY PHARMACY. THE DISCOUNT PLAN ORGANIZATION IS HIPPO NETWORK LLC, ONE WORLD TRADE CENTER SUITE 8500 NEW YORK, NY 10007, 1-877-387-8042, [email protected], HTTPS:://HELLOHIPPO.COM. 

HIPPO NETWORK LLC CONTRACTS WITH PHARMACY BENEFIT MANAGERS AND OTHERS TO PROVIDE PATIENTS WITH ACCESS TO DISCOUNTS ON MEDICATIONS. AS DESCRIBED IN THESE TERMS OF USE, HIPPO PROVIDES ACCESS TO MEDICATIONS AND A VARIETY OF HEALTHCARE-RELATED SERVICES. PRESCRIPTIONS PURCHASED USING THE HIPPO PRESCRIPTION DRUG ACCESS PROGRAM WILL NOT BE ELIGIBLE FOR REIMBURSEMENT THROUGH (1) ANY FEDERAL OR STATE-FUNDED HEALTHCARE PROGRAM SUCH AS MEDICARE OR MEDICAID; OR (2) ANY HEALTH INSURANCE COVERAGE OR BENEFIT. YOU CANNOT SUBMIT FOR REIMBURSEMENT ANY CLAIM FOR PRESCRIPTIONS FILLED OR REFILLED THROUGH THE PROGRAM TO ANY THIRD PARTY PAYOR, INCLUDING GOVERNMENT HEALTHCARE PROGRAMS LIKE MEDICARE AND MEDICAID.  

Hippo does not make any payments to pharmacies to participate in the Program. Savings calculated based on the pharmacy’s usual and customary price. Hippo provides no warranty for any of the pricing data or other information. The Program is available to users at participating pharmacies only. No enrollment or periodic fees apply. Hippo reserves the right to change its prescription drug prices in real time. Hippo may receive a transaction fee as a result of your prescription drug purchase. Hippo is not sponsored by or affiliated with any of the pharmacies identified in its price comparisons. All trademarks, brands, logos and copyright images are property of their respective owners and rights holders and are used solely to represent the products of these rights holders. This information is for informational purposes only and is not meant to be a substitute for professional medical advice, diagnosis or treatment. Hippo is not offering advice, recommending or endorsing any specific prescription drug, pharmacy or other information on the site. Please seek medical advice before starting, changing or terminating any medical treatment.

Please note that payments that you make for medications using the Hippo prescription drug access program may not count toward your health insurance deductible or out-of-pocket maximums, but you can confirm that by contacting your health plan. If you are a Medicare Part D beneficiary, then payments that you make for medication using the Hippo prescription drug access program will not count toward your Medicare Part D True Out-of-Pocket (TrOOP) cost-sharing obligation.

You have the right to cancel your access to the Online Services at any time as described in the “Termination” section. You may request a written list of pharmacies participating in the Program in your area, including name, address and phone number, by contacting us as indicated in the “Notices” section.

You may file a complaint regarding any matter relating to the Hippo prescription drug access program or your use of the Online Services at any time by calling 1-877-387-8042, emailing [email protected] or writing to Hippo Network LLC, one world trade center suite 8500 New York, NY 10007.  We will acknowledge your complaint within ten business days after receiving your complaint. We will investigate your complaint and provide you with the results of our investigation within thirty business days after receiving your complaint. 

If you remain dissatisfied after completing the foregoing complaint process, you may wish to contact your state insurance department. We will provide contact information for your state insurance department upon request.

 

PRESCRIPTION DRUG PRICING AND CHARGES

Hippo reserves the right to change its prescription drug prices in real time based on supply and demand trends, the location of the customer, the customer’s historical purchases and any other factors that may have an impact on Hippo’s cost structure. Hippo will always honor the price reflected at the time that the customer purchases a medication,  however, Hippo reserves the right to cancel a transaction and provide you with a refund if the underlying cost of the prescription drug changes significantly after you have purchased your medication.  Your final price is based on the medication you pick up at the pharmacy. If you pick up a different form, dosage, or quantity, you will be charged or credited the difference.

 

APPOINTMENT OF HIPPO AS YOUR AGENT

Hippo provides a variety of healthcare management services designed to reduce the cost of your healthcare and facilitate your healthcare related interactions with physicians, pharmacies, insurance providers and pharmacy benefit managers (“PBMs”) (collectively, “Providers”).   In order to provide you with these and other Online Services, Hippo needs you to authorize Hippo to take certain actions on your behalf. BY ACCEPTING THESE TERMS OF USE, YOU APPOINT HIPPO AS YOUR AGENT WITH RESPECT TO (I) FINDING LOWER PRICES FOR YOUR HEALTHCARE AND PRESCRIPTION MEDICATIONS, (II) FINDING ARRANGEMENTS THAT MAY REDUCE THE COST TO YOU OF YOUR HEALTHCARE AND PRESCRIPTION MEDICATIONS, (III) SCHEDULING APPOINTMENTS WITH HEALTHCARE PROVIDERS, AND (V) CONTACTING HEALTHCARE PROVIDERS, INCLUDING PHYSICIANS OR PHARMACIES, ON YOUR BEHALF TO TRANSFER A PRESCRIPTION, INITIATE A PRESCRIPTION REFILL OR AUTO-REFILL, OR REQUEST A PRESCRIPTION RENEWAL.

Hippo will be authorized to act as your agent solely for the purpose of providing the Online Services as outlined in these Terms of Use.   Your appointment of Hippo as your agent will end if this Agreement is terminated as described in the “Termination” section.

 

DESIGNATED RECIPIENT OF PROTECTED HEALTH INFORMATION

Hippo provides a variety of healthcare management services designed to reduce the cost of your healthcare and facilitate your healthcare-related interactions with physicians, pharmacies, insurance providers and pharmacy benefit managers (“PBMs”) (collectively, “Providers”). By creating an account, I hereby direct my Providers to transmit, share or disclose protected health information about me, including my name, birthdate, demographic information, medical and treatment information, prescription and over-the-counter medication information and history, current prescriptions, and information regarding my health insurance coverage, co-pay and deductible amounts to Hippo Technologies LLC and Hippo Network LLC at [email protected]. I make this direction pursuant to my rights of access under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. § 164.524(c)(3)(ii).

 

USE OF PROMOTIONS AND HIPPO MEMBERSHIPS

You may only create one Hippo membership for your personal use.  The creation of multiple Hippo memberships by a single user is a breach of these Terms of Use.  However, you may create a membership for a dependent or other person for whom you have the authority to purchase and pickup medications, but you will be responsible for compliance with these Terms of Use. Hippo may offer promotions from time to time, such as programs that offer you rewards for referring new users to Hippo or filling your first prescription through Hippo (“Hippo Promotions”). Referral promotion codes are intended for an invited user’s first prescription filled through Hippo – not for existing Hippo users. First-prescription promotions may only be used once by an individual user – you may not create multiple Hippo memberships and use a first-prescription promotion code more than once. A code issued to you to participate in a Hippo Promotion should only be used for personal and non-commercial purposes. This means that you can invite your friends to become Hippo members as part of a Hippo referral promotion using your personal connections via social media where you are the primary content owner. Public distribution of a Hippo referral promotion on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. Hippo reserves the right to suspend your account and revoke any referral credits if they were earned in violation of these Terms of Use. If you obtain a prescription offer in violation of these Terms of Use, Hippo reserves the right to charge the credit card that you have provided for the amount of any unauthorized prescription offer(s).

 

YOUR HEALTHCARE CHOICES

As outlined above, Hippo acts as your agent in facilitating a variety of healthcare-related interactions with your Healthcare Providers, but only to the extent that those interactions are initiated by you. You remain responsible for your healthcare choices and decisions. The Online Services are designed to offer you with additional choices and options regarding your healthcare—not limit those choices and options.  Prescription medications purchased through Hippo may be more or less expensive than your copayment or co-insurance for prescription medications through your healthcare or insurance provider, including Medicare, Medicaid, or any other government health care program, or through other prescription discount programs.  You should consult with your healthcare, pharmacy or insurance provider to determine the prescription medication and purchase option that works best for you.  You may always choose to obtain healthcare products and services through channels other than the Online Services and from Healthcare Providers that do not have arrangements with Hippo.

 

DISCLOSURE OF FINANCIAL RELATIONSHIPS

Hippo may receive compensation from its pharmaceutical manufacturer partners for providing marketing and adherence services.

 

NO PRACTICE OF MEDICINE

The Online Services are not intended to be, and must not be taken to be, the practice of medicine, pharmacy or the practice of other healthcare services by Hippo. Use of the Website or the Online Services does not create a physician/patient or provider/patient relationship with Hippo. Hippo is not recommending or endorsing any specific prescription drug, pharmacy or health care provider. Please seek medical advice before starting, changing or terminating any medication or prescription.

 

LINKS TO OTHER WEBSITES

The Online Services may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Online Services does not imply approval or endorsement of the linked website by us. If you decide to leave this Website or the Online Services and access these third-party websites, you do so at your own risk.

 

WARRANTY EXCLUSIONS, LIMITATION OF LIABILITY, AND INDEMNIFICATION

The following Terms of Use apply to your use of the Online Services, including without limitation your use of any mobile applications operated or provided by Hippo

  • EXCLUSIONS AND LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THESE TERMS OF USE, THE ONLINE SERVICES AND MATERIALS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE NOT SUBJECT TO  WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL, OR IMPLIED; INCLUDING WITHOUT LIMITATION WARRANTIES, CONDITIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUALITY, OR DURABILITY, ALL OF WHICH ARE DISCLAIMED.

IN NO EVENT WILL HIPPO BE LIABLE FOR ANY SPECIAL, EXTRAORDINARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, OR ANY OTHER LOSS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE ONLINE SERVICES, EVEN IF HIPPO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, AS A RESULT OF OR IN CONNECTION WITH ANY USE OF THE ONLINE SERVICES HIPPO BECOMES LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR OTHER LIABILITIES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT, TORT OR PURSUANT TO STATUTE), THEN HIPPO’S AGGREGATE LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID FOR THE PRESCRIPTION VOUCHER.

The exclusion of certain conditions and warranties and time limitation of certain liability is prohibited in some jurisdictions. In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.

  • Indemnification: You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms of Use or your use or misuse of the Online Services.

 

YOU AGREE TO NOTIFY HIPPO IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM HIPPO. YOU AGREE TO INDEMNIFY HIPPO FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO HIPPO.

 

TERMS FOR THE HIPPO MOBILE APPLICATION

Along with the rest of the Terms, this section describes certain rights, obligations, and commitments applying to your use of the Hippo mobile application.

Your use of the Hippo mobile application may also be subject to the Terms of Use of any service agreement with your wireless carrier.

You understand and agree that the Hippo mobile application is licensed, not sold, to you for use only as outlined in these Terms of Use. We reserve all rights not expressly granted to you. We have the right to license the Hippo mobile application and all underlying content, information, applications, and intellectual property. This license is limited to a non-transferable license to use the Hippo mobile application on the applicable mobile device that you own or control (e.g., iDevice, iPod touch, Android device), in accordance with the Terms of Use, and, as applicable, Google Inc.’s (“Google”) “Google Play Terms of Service” (http://play.google.com/about/terms.html) and/or the Usage Rules set forth in the Apple Inc. (“Apple”) “App Store Terms of Service”.

This license does not allow you to use the Hippo mobile application on a device that you do not own or control, and you may not distribute or make the Hippo mobile application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Hippo mobile application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Hippo mobile application, any updates, or any part thereof.

You acknowledge that you are entering into these Terms of Use with us and not with Apple or Google; that, Apple and Google and each of Apple’s and Google’s subsidiaries are third-party beneficiaries of these Terms for the Hippo mobile Application and may enforce them; that we are solely responsible for the Hippo mobile application and its associated data; that Apple and Google makes no warranty with respect to the Hippo mobile application and its associated data and has no obligation whatsoever to furnish any maintenance and support services for the Hippo mobile application; that Apple and Google are not responsible for addressing any claims relating to the Hippo mobile application and its associated data or your possession or use of the Hippo mobile application and its associated data, including but not limited to: (i) product liability claims, (ii) any claims that the Hippo mobile application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation; and that if a third party claims that the Hippo mobile application and its associated data or your possession or use of such infringes a third party’s intellectual property rights, Apple and Google are not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. In the event of any failure of the Hippo application to conform to any applicable warranty, you may notify Apple or Google, as applicable, and Apple or Google will refund the purchase price for the Hippo application to you; and, to the maximum extent permitted by applicable law, Apple or Google, as applicable, will have no other warranty obligation whatsoever with respect to the Hippo application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility if not effectively disclaimed.

We do not warrant that a third party cannot decrypt your information should a third party come into possession of your device on which you have downloaded the Hippo mobile application.  We suggest that you use all security features of your device, including any password or locking function, to protect your device and the confidentiality of your information.

To the extent that the Hippo mobile application may utilize third-party wireless networks, we cannot guarantee that your communications will not be intercepted by others.  You agree that we will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks outside our control.

From time to time we may issue updates to the Hippo mobile application through the Online Store from which you download the Hippo mobile application, and a notification may be sent to your device. Depending on the update, you may not be able to use the Hippo mobile application until you have downloaded the latest version of the Hippo mobile application and accepted any new terms.

The Hippo mobile application is subject to transmission limitation or interruption.

You agree that we may automatically update the Hippo mobile application for various reasons, including, but not limited to, improving the Services or improving the security of the Hippo mobile application.

You understand that the uploading of information to your mobile device in connection with the Hippo mobile application is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the Hippo mobile application may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.

You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Hippo mobile application. You agree that you will not export or re-export the Hippo mobile application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. By downloading the Hippo mobile application, you represent and warrant that (i) you are not located in a country that is subject to a U. S. Government embargo, or that has been designated by the U. S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U. S. Government list of prohibited or restricted parties.

 

CONFIDENTIALITY

The Software, the features, functionality, methods of operation, user interface and content of the Software, the Documentation, this License Agreement, all user names and passwords for access to the Software and any information regarding planned modifications or updates to the Software or other Company products and services is Company’s confidential information (“Confidential Information”). You shall only use our Confidential Information as authorized by the Company in writing.

You agree not to share any of our Confidential Information with any third party without our prior written permission. Without limiting the foregoing, you may not allow any third party to view or use the Software with any third party or discuss the existence, features or functionality of the Software with any third party.

APPLICABLE LAW AND DISPUTE RESOLUTION

By accessing the Online Services, you and Hippo agree that all matters relating to your access to, or use of, the Online Services shall be governed by the statutes and laws of the State of New York, without regard to its conflicts of laws principles. Hippo makes no representation that materials contained in the Online Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Online Services from other locations do so on their own initiative, and are responsible for compliance with local laws.

Any dispute or claim relating in any way to your use the Online Services will, to the extent permitted by law, be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

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 the terms of these Terms of Use as a court would.

ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE ONLINE SERVICES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE AAA’S CONSUMER ARBITRATION RULES, AVAILABLE WWW.ADR.ORG. ARBITRATION HEARINGS WILL BE HELD IN NEW YORK CITY, NY. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW AND WE WILL WORK TO DETERMINE A MUTUALLY CONVENIENT LOCATION.  ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

AS AN EXCEPTION TO THIS ARBITRATION PROVISION, EITHER YOU OR HIPPO MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION SO LONG AS SUCH CLAIMS ARE BROUGHT ONLY ON AN INDIVIDUAL BASIS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.

YOU AND HIPPO ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA’S CONSUMER ARBITRATION RULES. REGARDLESS OF WHO INITIATES ARBITRATION, HIPPO WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500.  IF THE ARBITRATOR RULES AGAINST HIPPO, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, HIPPO WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.  IN ADDITION, IF THE ARBITRATOR RULES IN HIPPO’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

To help resolve any issues between us promptly and directly, you and Hippo agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.

It is important that you understand that by entering into this agreement, both you and Hippo are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this “Applicable Laws and Disputes” section. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

 

Miscellaneous

  • Changes to these Terms of Use: We reserve the right to make changes to our Online Services or these Terms of Use, in whole or in part, at our discretion at any time. You agree to comply with, and be bound by, any such modifications by continuing to use or access the Online Services after modified Terms of Use are posted to this webpage.
  • Severability and Integration: Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Hippo with respect to the Online Services and supersede all prior or contemporaneous communications and proposals (whether written or electronic) between you and Hippo with respect to the Online Services. If any provision in these Terms of Use is deemed by an arbitrator or court to be invalid, void, or for any reason unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of the applicable rules, laws or court decisions. Any provision deemed invalid, void, or unenforceable shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
  • Waiver: Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.
  • Termination: Hippo reserves the right, at its sole discretion, to terminate your access to all or part or the Online Services with or without notice. Examples of activity that may lead to a termination of your use of the Online Services include your breach of any of these Terms of Use. You may terminate this Agreement by providing Hippo with ten (10) days written notice of such termination by contacting Hippo at [email protected].

 

NOTICES

Hippo may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to Hippo. You may give notice to, or submit comment, questions or complaints to, Hippo at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Hippo Technologies LLC

One World Trade Center Suite 8500

New York, NY 10007

 

SURVIVAL

The provisions of these Terms of Use entitled “Warranty Exclusion, Limitation of Liability, and Indemnification,” “Applicable Law and Dispute Resolution,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

 

GENERAL PROVISIONS

Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the Hippo Privacy Policy, constitute the entire agreement and understanding between you and Hippo with respect to use of the Online Services, superseding all prior or contemporaneous communications with Hippo. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Online Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

CONTACT US

If you have any questions or concerns about the Online Services or these Terms of Use, please contact us here:

Hippo Technologies LLC

One World Trade Center Suite 8500

New York, NY 10007

+1 (240) 808-2233