The companies of Erie Insurance Group ("Erie") via the Home Sensor Pilot Program (“Pilot”) are making available to Policyholders and the general public in the District of Columbia, Illinois, Indiana, Kentucky, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Wisconsin who agree to these Terms and Conditions, a Smart Water and Freeze Detector (“Sensor”) provided by third-party vendor, Roost, Inc. (“Roost”). One Sensor will be available per household without charge. The smart phone App used by the Sensor is owned by Roost. Data from the Sensor will be collected by the App and sent to Roost. Roost will then provide the data to Erie. The Pilot is not available in Maryland, New York, or any other state not specifically referenced above.
If you have an Erie home policy, Erie will not increase or decrease your insurance premium on the basis of your participation in the Pilot or the Data that is provided to Erie, nor
will Erie cancel or refuse to renew your homeowner’s policy because of the Data or other information collected and made available to Erie from the Pilot. Nothing in these Terms and Conditions shall impact or modify the coverages or terms and conditions included in your homeowner’s insurance policy with Erie.
Representations regarding impacts to homeowner’s insurance policies are only valid if the User is an Erie policyholder. By accepting these Terms and Conditions you are signifying you understand and agree to its provisions.
2. Agreement to be Legally Bound by These Terms
Participation in the
Pilot and receipt of the Sensor are expressly conditioned upon your acceptance
of these Terms and Conditions. Before a
User can receive the Sensor, these Terms and Conditions must be accepted. Please read these Terms and Conditions
carefully before agreeing to accept and install the Sensor in your Residence.
Erie reserves the right, at its sole discretion, to modify, add or remove all or any portion of these Terms and Conditions and the ErieInsurance.com Terms and Conditions at any time. Changes will be effective when they are posted. The Home Sensor Pilot Terms and Conditions as posted on any given date shall govern your use of the Sensor, and you are responsible for ensuring that you are familiar with the current Home Sensor Pilot and ErieInsurance.com Terms and Conditions. If you disagree with any of these Terms and Conditions, you must immediately discontinue your use of the Sensor and App.
Your continued use of the Sensor after any changes to either the Home Sensor Pilot Terms and Conditions or the ErieInsurance.com Terms and Conditions are posted will be considered acceptance of those changes. Erie may terminate, change, suspend or discontinue any aspect of the Home Sensor Pilot, at any time and without notice or liability.
These Home Sensor Pilot Terms and Conditions can be accessed and viewed at any time at ErieInsurance.com.
“App” means the smart phone app developed and owned by Roost that collects data from the Sensor.
“Data” means all information collected by Roost, Roost’s vendors, or Erie that is either entered by a User to obtain the Sensor or collected by the Sensor or Roost App.
“Policyholder” means a User who is insured on an Erie Insurance Group policy.
“Residence” means a property occupied by the User. An apartment, rented home or condo qualifies, as long as the lease, or other governing instrument, is executed by the User.
“Sensor” refers to the wireless device (Smart Home Water Leak and Freeze Detector) received by the User directly from Roost.
“User” means a person who agrees to these Terms and Conditions and receives a Sensor from Roost. User includes Policyholders and non-Policyholders. References herein to “you” or “your” are to the User who agrees to the Terms and Conditions.
4. About the Pilot Sensor
The Sensor collects data regarding home conditions and water-related concerns. One Sensor is available to each User at no charge, limited to one per household, and is intended for placement in the User’s Residence. You agree that you will place this Sensor only in your Residence. You are responsible for placement of the Sensor in your Residence. A User, at his or her own cost, may purchase additional Sensors. The purchase and placement of additionally purchased Sensors or items is at the sole discretion of the User and is subject to the terms established by Roost.
Once the Sensor is received by the User, the User owns the Sensor. The User must contact Roost for all support regarding setup and installation of the Sensor. Any problems or concerns that arise regarding the Sensor must be directed to Roost at firstname.lastname@example.org. Any information a User provides to Erie regarding or from the use of the Sensor, including, but not limited to, personal experiences, testimonials, concerns or complaints associated with your name, will be forwarded to Roost by Erie. Your agreement to these Home Sensor Pilot Terms and Conditions represents your consent to such disclosure to Roost by Erie. User agrees to hold Erie harmless regarding Roost’s use of the disclosed information.
Erie makes no warranties, implied or express, or representations regarding the Sensor.
5. About the Application
User agrees that Erie is not responsible for the App. User’s use of the App is solely governed by the terms and conditions established by Roost.
User agrees to hold Erie harmless for all matters related to the development and maintenance of the App. User agrees to hold Erie harmless for any issue or matter arising out of User’s use of the App, including, but not limited to, installation and deletion of the App on User’s smart phone. User agrees that Erie is not responsible for the accuracy of the information transmitted to Roost by a third-party, by Roost to a third-party, to Roost by a vendor or from Roost to a vendor. User is solely responsible for determining whether to provide information to Roost and the content of the information provided to Roost and its vendors by any means, including, but not limited to, the App, communications with Roost, requests to receive the Sensor, surveys sent by Roost, the qualification survey, or through Roost’s website.
The App is the sole property of Roost and is provided to the User to receive information and notifications from the Sensor. Roost retains all rights, title, and interest in and to the App. User agrees that Erie retains no responsibility or liability for the App, to include the accuracy of the Data collected and transmitted, the alerts generated, customizable settings and setup. User must direct all concerns or support-related questions regarding the App to Roost at email@example.com.
Erie makes no warranties, implied or express, or representations regarding the APP.
To be eligible to participate in the Pilot, a User must meet all of the following criteria:
7. How the Program Works/Qualification
If you are interested in receiving a Sensor, you must request a link to the qualification survey from Roost. For a Policyholder, this request is made through your Erie Agent and requires submission of your name, a valid email address, mobile phone number and Erie policy number. If not a Policyholder, then the request is made through Erie's website. Once the information is provided, you will receive a link, via email or SMS text, to a Roost website, which provides information on the Sensor. You will then be sent to a Roost qualification survey on a Roost-hosted website. You must complete the qualification survey and be deemed qualified. A qualification survey can only be completed once. Roost is solely responsible for determining eligibility of participants based upon the answers submitted by you. You are solely responsible for the accuracy of your answers to the questions on the qualification survey. Prior to submitting your answers to the qualification survey, you must affirmatively accept the Home Sensor Pilot Terms and Conditions. The qualification survey and request for information are processed by Roost vendors who receive your Data.
Sensors are available only while supplies last.
If you qualify, you will receive a Sensor directly from Roost for placement in your Residence. You agree to register the Sensor in the App. The information collected by pairing the App and Sensor is retained and owned by Roost, who will license the information to Erie.
In order to utilize the Sensor, the User will be required to establish an App account with Roost. User agrees that Erie is not responsible for the accuracy and security of the information provided by the User to Roost through the App or, provided by the User directly to Roost, including, but not limited to responses to the qualification survey, or any other information provided by the User in anticipation of receiving the Sensor or after the Sensor is received.
Erie reserves the right to take lawful action against any person who obtains a Sensor, access to Data, or other information through fraud, misrepresentation or other unlawful act. This action may include, but is not limited to, legal action against any person accessing Data or other information in violation of any state or federal law or regulation.
8. Data Collection
The App records and/or stores the following information which Roost will transmit to Erie on a periodic basis:
If the User is a Policyholder and the Sensor providing data was obtained through the Home Sensor Pilot, then the Data collected will be identified by the information set forth above and will be provided to Erie in a manner that will permit Erie to identify the User of the Sensor.
If the Data is collected from a purchased Sensor, then the Data collected will not be provided to Erie.
Data will continue to be provided to Erie even if a User discontinues being a Policyholder.
The original collection of the Data is completed by Roost via the Sensor and is subject to Roost’s Terms and Conditions. Data from the App will be collected and stored by Roost who will transmit the Data to Erie. Data collected by Roost through the App and shared with Erie may include personal information such as a User’s email address, mobile number, and information about the Residence. In addition, the User’s policy number will be provided to Roost or a Roost vendor by the User or the User’s independent agent during the initial sign-up process, if applicable.
Roost will also provide Erie with the results of the 7-day survey User completes regarding the Sensor.
Erie may request your participation in additional surveys regarding the Sensor. These additional surveys will be conducted by Erie. This information will be requested directly from Erie. You are responsible for the accuracy of your answers and agree that Erie retains all rights and ownership of your responses to these additional surveys.
Erie is committed to protecting your privacy.
9. Program Termination
A User may terminate participation in the Pilot at any time. A User terminates participation in the Pilot by removing the Sensor and uninstalling the App. Data will continue to be collected by Roost, as long as the Sensor and App are in use by the User.
10. Limitations of Damages and Liability
IN NO EVENT WILL ERIE, ITS EMPLOYEES, OFFICERS, DIRECTORS OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE ANY ASPECT OF THE SENSOR, APP, ROOST’S WEBSITE, OR INFORMATION RELATED TO THE WEBSITE, INCLUDING THE CONTENT AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ERIE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User agrees to indemnify and hold Erie harmless for any and all harm caused by or as a result of User’s installation and use of the Sensor, whether to User or any other party.
11. Location of Use and Choice of Law
You and Erie agree that the laws of the Commonwealth of Pennsylvania govern these Home Sensor Pilot Terms and Conditions, without giving effect to any of its conflict of law provisions that would direct the application of the laws of any other jurisdiction.
12. Relation to Other Agreements or Policies
If for any reason any portion or provision of these Home Sensor Pilot Terms and Conditions, to include all documents incorporated by reference, is ruled to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Home Sensor Pilot Terms and Conditions, and the remainder of the Home Sensor Pilot Terms and Conditions will continue in full force and effect.