Terms of Use

The entry into and performance of activities on detourinsurance.com (the “Website”), including without limitation access to any content, functionality and/or services offered on or through the Website, are governed by this Agreement between You (as a User) and Detour Travel Protection, LLC (“Detour Travel” or “Website Owner,” also referred to herein as “We,” “Us” or “Our”), including all terms and conditions specified herein, together with any documents expressly incorporated by reference (collectively, the “Terms of Use”).

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU USE THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND DETOUR TRAVEL’S PRIVACY POLICY, WHICH CAN BE REVIEWED VIA THIS LINK AND IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR DETOUR TRAVEL’S PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth under Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use constitutes Your acceptance of and agreement to the changes. You are expected to check this page from time to time and otherwise take reasonable actions to remain aware of any changes as they are binding on You.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and/or any service or material We provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to Users, including registered users. You are responsible for:

• Making all arrangements necessary for You to have access to the Website; and
• Ensuring that all persons who access the Website through Your internet connection are aware of and comply with these Terms of Use.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to Our Privacy Policy.

To access some of the resources the Website offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is accurate, current, and complete. You agree that all information You provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by Our Website Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a username, password, or any other information as part of Our security procedures, You must treat such information as confidential, and You must not disclose these materials to any other person or entity. You agree to notify Us immediately of any unauthorized access to or use of Your username or password or any other breach of security.

We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including, without limitation, any suspected violation of these Terms of Use.

As part of Your use of the Website, You may upload or otherwise provide to Website Owner certain content, materials, data, and other information (collectively, "Your Content"). You grant Website Owner a nonexclusive, royalty-free license to access, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner Your Content for the purpose of providing services and improving the Website. You represent and warrant that: (i) You either are the sole and exclusive owner of Your Content or You have all rights, licenses, consents, and releases necessary to grant Website Owner the license to Your Content as set forth herein; (ii) neither Your Content, nor Your submission, uploading, publishing, or otherwise making available Your Content, nor Website Owner's use of Your Content as permitted herein will infringe, misappropriate, or otherwise violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Additional Intellectual Property Rights

In addition to the notice concerning Website Owner’s ownership of its service marks and logo above, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Website Owner or its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights and laws.

Restrictions Applicable to Website Use

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials incidental to Your accessing and viewing those materials;
• You may store files that are automatically cached by Your web browser for display enhancement purposes; and
• You may print one copy of a reasonable number of pages of the Website for Your own reasonable personal use and not for further reproduction, publication, or distribution.

If We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from the Website;
• Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, Your right to use the Website will cease immediately, and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Website Owner. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the United States or other countries);
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To impersonate or attempt to impersonate Website Owner or any of its employees, representatives or agents, or another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm Website Owner or users of the Website or expose them to liability.

Additionally, You agree not to:

• Link the Website to any other website or social media platform without Our express written consent;
• Cause any portion of the Website to be displayed or appear to be displayed on Your own or any other third-party websites, without our express written consent;
• Send emails or other communications that link to content on the Website without our express written consent;
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material or malware which is malicious or technologically harmful to Website Owner or other permissible users of the Website;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Perform active surveillance of any information entered into or otherwise used in connection with the Website;
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website;
• Terminate or suspend Your access to all or part of the Website for any violation of these Terms of Use; and
• Disable all or any social media features and previously authorized links at any time without notice in Our discretion.

DISCLAIMERS - INDEMNITY - LIMITATION OF LIABILITY - WAIVER OF JURY TRIAL

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website or by anyone who may be informed of any of its content.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Website Owner. We are not responsible or liable to You or any third party for the content or accuracy of any materials provided by any third parties.

If the Website contains links to other sites and resources provided by third parties, including links contained in banners or other advertisements and sponsored links, these links are provided for Your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities or inactivity of any persons in connection with the operations of the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

You understand that We cannot and do not guarantee or warrant that content downloaded from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient measures to provide anti-virus protection for any of Your systems and maintain the ability to reconstruct any loss of Your data in connection with Your use of the Website.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WEBSITE OWNER NOR ANY PERSON ASSOCIATED WITH THE WEBSITE OWNER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WEBSITE OWNER NOR ANYONE ASSOCIATED WITH WEBSITE OWNER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, WEBSITE OWNER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL WEBSITE OWNER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOU WAIVE AND HOLD HARMLESS WEBSITE OWNER AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS THE WEBSITE OWNER, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING FROM OR RELATED TO YOUR VIOLATION OF THESE TERMS OF USE AND YOUR USE OF THE WEBSITE OR ANY OF ITS CONTENTS, SERVICES, AND PRODUCTS OTHER THAN AS AUTHORIZED BY THESE TERMS OF USE OR IN RELIANCE ON ANY OTHER INFORMATION OBTAINED FROM THE WEBSITE.

Geographic Restrictions

The owner of the Website is based in the State of Indiana in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to or use of the Website may not be permissible by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule.

Arbitration

Any and all disputes or claims arising under these Terms of Use or Your use of the Website, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of the Terms of Use, shall be resolved by binding arbitration to be conducted pursuant to the Commercial Rules of the American Arbitration Association and held in Indianapolis, Indiana. YOU HEREBY WAIVE ANY RIGHT TO HAVE ANY SUCH DISPUTE RESOLVED BY A JURY TRIAL. The decision of the Arbitrator shall be final, binding and non-appealable.

Any legal suit, action, or proceeding to enforce an arbitral award shall be instituted exclusively in state or federal courts in Indianapolis, Indiana. You waive any and all objections to the exercise of jurisdiction over Your and to venue in such courts.

Waiver and Severability

No waiver by Website Owner of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Website Owner to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, including Our Privacy Policy and any other document incorporated by reference herein, shall constitute the sole and entire agreement between You and Website Owner with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Detour Travel Protection, LLC, 2520 Idlewood Drive, Indianapolis, IN 46240 or basecamp@detourInsurance.com.