Allstate Terms and Conditions
Last Updated: December 10, 2019
In addition to Roost’s Terms and Conditions, these Allstate 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 Allstate Smart Home Mobile Application and is provided to you by Roost, Inc., on behalf of Allstate Insurance Company (”Allstate, 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.
Allstate 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.
Allstate Disclaimers, Limitations, Exclusions and Indemnity
The Application and Devices are provided by Roost on behalf of Allstate on an “as is,” “without any warranty,” and “without any liability” basis. Allstate does not guarantee the quality, accuracy, completeness, or timeliness of the Application or the Devices and, to the maximum extent permitted by law, Allstate 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 Allstate has any liability under these Terms, Allstate’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, Allstate 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 Allstate 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 Allstate 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 Allstate 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 Allstate 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.