Electronic Records Policy
Last revised October 25, 2023
We know you are busy. We want to make it easier for you to review and consider the available options out there for motorcycle and other insurance offerings. We have provided you with the www.boundlessrider.com website, and our mobile iOS and Android applications to serve you electronically. This includes submitting applications to us and purchasing an insurance policy from us, and all other business transactions. Your use of our Website to transact business is governed by the terms of this specific Electronic Records Policy (this “Agreement”), as well as the relevant Privacy Policy, your insurance policy documentation, and any other terms and conditions which are referenced on our Websites. This Agreement is a legally binding agreement between you and us. You should save a copy of this Agreement for your records.
If you do want to continue working with us electronically by using our Website, please review and consent to the terms of this Agreement as explained below.
When we refer to “we”, “us”, or “our” we mean Boundless Rider Insurance Agency, LLC or any other affiliated company which includes MileUp, Inc., our parent company, as well as our insurance carrier partners including Redpoint County Mutual Insurance Company, Incline Casualty Company, and their respective re-insurance partners.
When we refer to “you”, “your”, or “user”, we mean the person accessing our Website. If the person accessing our Website does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including such business organization.
In this Agreement we refer to our website, customer portal, mobile applications, and related online systems and tools collectively as our “Website”, and any other services offered by us as our “Services”.
Creating Your Online Account
When you begin the process of receiving a quote and/or transacting business on our Website, you authorize us to establish an online account for you registered to your electronic mail and/or telephone number you have provided as part of the registration process. This online account will give you access and privileges to manage all of the quotes and/or policies and other Services you submit information for on our Website. Your online account is also how and where financial transactions are available, such as keeping your bank or credit card details up to date.
Due to the sensitivity of the information which will be posted to your online account, you represent you are the registered own of this online account and you acknowledge that you are the only person permitted to use your unique username and credential to access your online account.
You represent you have the authority to give instructions and authorize transactions for the quoting and purchasing of our insurance products and services. This includes the general authority over changes to your personal information, movement of funds, contract changes, purchase of products or services, changes to your current or past product or service, or any other online transaction facilitated or permitted by the use of our Website. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or users identified with the products we have sold to you to perform the above listed transactions. You understand that by consenting to this Agreement, we have full authorization from you to rely and act upon any instructions received from you without further inquiry.
Keep your credentials to use and access your online account confidential. You agree (i) to protect your credentials and (i) are solely responsible if someone uses your credentials to gain access to your online account. You agree not to share your login credentials with any other person or entity, and not to allow any other person or entity to use your login credentials. You have the ability at any time to reset access to your long credentials, it does not require engagement with us. If you have reason to believe that someone or entity has gained access to your login credentials, whether or not such person or entity has taken any action on using such login credentials, you must promptly notify us with sufficient detail in order for us to evaluate whether any action has been taken with such credentials, especially access to Personal Information. You may notify the Customer Success Team by email at [email protected] or by telephone at (800) 814-7231 if you have reason to believe either (i) someone has gained access to your login credentials, or (ii) someone has actually used your login credentials to access our Website.
If you share your online account credentials with any person, you are authorizing that person to conduct transactions with us on your behalf, and you are solely responsible for any transactions which result.
We do not Charge for this Online Service
We do not charge you specifically for the online account covered by this Agreement, it is included as part of purchasing products and services from us.
You may be charged by your own internet service provider, telephone company, printer, and/or other service provider you have contracted with to allow you to access and/or print documents from the internet. All of these costs are your own responsibility and discretion.
We are not responsible for the malfunction or failure of your computer, browser, or software, or any companies which provide your internet service, printing, and/or other internet related service. Also, we are also not responsible for computer viruses or related problems associated with the use of an online system, or any delay or failure in connection with your receipt of electronic mail notices to the account you provide to us to use for you.
Your Consent to Use Electronic Delivery and Sign Electronically
As is customary with online transactions, we transact our insurance business with our customers by allowing you to to opt-in for the electronic delivery of specific documents. Certain federal and state laws and insurance regulations require that we do business with you and deliver some documents to you “in writing” or “on paper”. This generally means we have to mail to your physical address paper copies of these documents. However, with your consent, we may provide this information to you electronically by delivering it to your online account on our Website or by delivering it to the email address you provided to us. We refer to this as “Electronic Delivery” in this Agreement. Similarly, instead of using your formal, handwritten signature on paper, with your consent we may use an electronic signature through a trusted third-party application which includes evidence of being derived from your online account and/or email address as well as tracking and validation of IP address information. We refer to this as your “Electronic Signature” in this Agreement.
Your Consent to Sign Electronically
As is customary with online transactions, we transact our insurance business with our customers by allowing you to affirm transactions using your Electronic Signature. You agree, affirm, and consent to use your Electronic Signature which shall have the same force and effect as if you had submitted your formal, handwritten signature on paper. Your Electronic Signature may take various forms on our Websites, including a specific digital representation of your full name, your initials, or selecting an option in a check box or something similar.
Your Consent to Electronic Delivery
As is customary with online transactions, we transact our insurance business with our customers by allowing you to receive documents from us by using Electronic Delivery to the address you identified. You agree, affirm, and consent to our use of your online account on our Website or by the email address you provided to us to send to you Electronic Delivery of all transaction documents, notices, and other materials related to our business relationship with you including, without limitation, insurance policy documents (collectively, the “Transaction Documents”), instead of in paper format through U.S. Mail:
“Transaction Documents” includes, but not limited to, insurance applications and application materials, policy documents, disclosures, policy-related notices (e.g., notice of premium increase, notice of renewal, notice of conditional renewal, notice of nonrenewal, notice of cancellation and notice of change in terms or conditions), prospectuses, statements, and other documents as permitted by law; it also further includes Billing Documents, and information applicable to your use of our Websites such as quotes, claims documents, updates, notifications, transaction receipts, documents requiring your signature, information that you request or any other documents related to your use of our Websites; and any other documents permitted or required by law.
“Billing Documents” include, but are not limited to, bills, billing statements, payment receipts, disclosures, notices, and other documents as permitted by law.
We will use your consent here for our use of your Electronic Signature as well as Electronic Delivery for our products and services for all of you currently own and all products you may purchase from us in the future. Your consent also continues after a policy modification or renewal.
Even though you consent for us to send you the Transaction Documents electronically it does not mean we must provide all of these documents to you electronically. We have the discretion to choose to send by Electronic Delivery or we may decide to provide the Transaction Documents to you through non-electronic means.
It is important to locally save (or print out) your Transaction Documents on your computer or otherwise. We do not commit to having your Transaction Documents available online indefinitely.
You Can Revoke Your Consent to Electronic Delivery or using your Electronic Signature
If you would like to revoke your consent to receive ALL Transaction Documents by Electronic Delivery, you may only accomplish this by deleting your all of your online accounts, which may make it more difficult for you to do business with us in the future. To delete all of your accounts, you must contact our Customer Success Team by email at [email protected] or by telephone at (800) 814-7231. You may be asked for certain government issued identification or certain other non-public information in order to validate your identity and ownership and/or control of the relevant account. Again, revoking your consent to the Electronic Delivery will terminate all of your online accounts on our Websites. It will also cause you to lose access to any Transaction Documents stored on your online account on our Website, and we would recommend you download, save, and/or print all of those materials prior to requesting that we terminate your consent to Electronic Delivery. Also, any relevant discounts related to the Electronic Delivery of Transaction Documents will be terminated with a revocation of consent, but will not terminate your entire relationship with us, such as specifically asking to cancel your relevant insurance policy, unless you provide us additional notice requesting such policy cancellation. The revocation of your consent will take effect within a reasonable time of the [Rider Success Team] receiving your request (and properly validating your identity and control rights) or as otherwise required by law.
In the future, we may provide an option to change the delivery method for certain types of documents or accounts. If we provide this option, it would be done by changing your delivery preferences on the relevant online account on our Website. Further, changing your delivery preferences would not revoke your consent to receive all documents electronically, nor does it revoke your consent to any other part of this Agreement. It would only be relevant for those specific types of documents or accounts identified in the change option.
You Have the Right to Get Paper Copies
We will send you paper copies of your Transaction Documents at no additional cost if you request them from our Customer Success Team at (800) 814-7231. They will be sent to the mailing address on file on your online account. Requesting a paper copy does not withdraw your consent to this Agreement or change your election to continue Electronic Delivery.
Your Responsibility to Provide Us with a Valid and Active Email Address
We use the email address you provide us to communicate with you. So, it is your responsibility to provide us with a valid and active email address. You may update your email address and other contact information by logging by contacting our Customer Success Team at (800) 814-7231. We may provide you an option to update your email address within your online account on our Website at a future time.
We may have to suspend your receipt of Transaction Documents by Electronic Delivery if our emails to you at the email address provided for Electronic Delivery are returned as undeliverable. In the event of such a suspension, paper copies of the Transaction Documents will be sent to you through U.S. Mail at the mailing address you have provided. It is your responsibility to provide us with an updated mailing address, if you change your address.
Your Computer and Software Requirements for Electronic Delivery and Electronic Signatures
To receive, access, retain, and reply to relevant Transaction Documents you will need a few things:
- A computer, tablet, or other mobile computing device, or other access device which is capable of accessing the internet, whether by your own internet service provider or a public internet service which you trust with your sensitive private information;
- Internet web browser software for your device which is capable of supporting 128-bit SSL encrypted communications;
- Additional software for your device which permits you to receive and access Portable Document Format or (“PDF”) files;
- Your device has the ability to download and print PDF files; and
- Your device has the ability to print webpages and embedded HTML files.
- If you want to save and store a file on your device, you also need to make sure your device has a hard disk drive and sufficient space to store your Transaction Documents as they arrive.
Some states may require certain Transaction Documents to be displayed in a particular font size. This is to make sure all text is set to a minimum level of visibility. To ensure that communications are displayed at the correct font size for your state, please make sure that the view size setting for the communications is set to 100% and your browser resolution is 800 x 600.
You represent and warrant with your consent to Electronic Delivery and to use your Electronic Signature that you have a device and software that meets the minimums described above, that you are able to receive and review electronic records, and that you have an active email account.
Our Customer Success Team is Always Available
We are glad you look to us to purchase your insurance. If you have any questions about this Agreement, please contact our Customer Success Team by email at [email protected] or by telephone at (800) 814-7231.
Limitation of Liability and No Jury Trials
IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, GENERAL, SPECIAL, INCIDENTAL, COMPENSATORY, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR ANY RELATED SERVICE, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, WHETHER CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITMATION, BODILY INJURY OR EMOTIONAL DISTRESS, AND WHETHER OR NOT WE HAVE BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING FOR DATA LOSS OR DATA CORRUPTION, OR LOST PROFITS, SERVICE INTERRUPTIONS, OR OTHERWISE. FURTHER, IN THE EVENT A COURT OR JURY DETERMINES ANY LIABILITY BY US RELATED TO YOUR USE OF OUR WEBSITE, YOU HEREBY AGREE THE MAXIMUM LIABILITY TO YOU BY US IN ANY DISPUTE BETWEEN THE PARTIES BROUGHT ON ANY CAUSE OF ACTION SHALL BE $100.00.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
Your Liabilities to Us
We have the right, unconditionally, to discontinue, terminate, reject, limit, prohibit, downgrade access, or otherwise hamper the use of your login credentials without liability and specifically without prior notice to maintain the security of our Website and any accounts and data contained therein, and for any other reason we determined, in our sole and exclusive discretion.
We have the right to deny you access and use of our Website, our Services, and any material we offer on any online portal or otherwise, if you violate (as we may determine in our sole and absolute discretion) any provision of our Privacy Policy, Customer Portal Terms, and relevant applicable federal or state laws and/or regulations.
You agree to indemnify, defend, and hold us harmless and any of our parents, subsidiaries, affiliates, successors and assigns, and the shareholders, directors, officers, agents and employees of any of them (collectively, the “Related Parties”) against any and all claims, demands, actions, proceedings, liability, losses, damages, judgments, costs and expenses, including, without limitation, reasonable third party attorneys’ fees, disbursements, court costs, and punitive, exemplary, or compensatory damages, suffered, made or instituted against or incurred (collectively, “Losses”) by us and/or any Related Party in any manner resulting from or arising out of your access to or use of our Website in a manner other than as expressly authorized by us by the Privacy Policy, Customer Portal Terms, this Agreement, or your violation of relevant applicable federal or state laws and/or regulations, or any rights of any third parties. This indemnification requirement extends beyond your last use of our Website for a period of five (5) years.
Disclaimers About Your Use of Our Website
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOUR USE OF OUR WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE THAT WE HEREBY DISCLAIM ANY AND ALL OTHER GUARANTEES OR WARRANTIES WITH RESPECT TO ANY LICENSE, CONTENT, MATERIALS, PRODUCT OR SERVICE PROVIDED ON OUR WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ESPECIALLY CONSIDERING THE PROPER OPERATION OF OUR WEBSITE RELIES ON THE ACCURACY OF THE INFORMATION SUPPLIED BY YOU AND NECESSARY THIRD PARTIES NOT UNDER OUR CONTROL. WE DO NOT WARRANT THE OPERATION OF THE LICENSES OR PRODUCTS AND SPECIFICALLY OUR WEBSITES TO BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF BEING CORRECTED. WE DO NOT WARRANT THE THAT OUR WEBSITE WILL NOT HAVE A FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS, DELAY IN OPERATION OR TRANSMISSION, OR LINE, SYSTEM, OR NETWORK FAILURE.
Legal Effect of this Agreement and Relevant Consents Related to Electronic Delivery and Electronic Signature
By signing this Agreement, you agree to the terms and conditions herein, and acknowledge and agree that your consent is provided and/or obtained in connection with a transaction affecting interstate commerce subject to the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act, or a similar electronic transactions law, as adopted by state law.
You further agree that:
- The Transaction Documents we make available to you either on our Website or by delivery to your email address shall have the same meaning and effect as if we provided the Transaction Documents to you in paper format either in person or delivered to you by U.S. Mail at the mailing address you provided. This applies whether or not you choose to view the Transaction Documents, unless you previously withdrew your consent to Electronic Delivery in accordance with this Agreement.
- The Transaction Documents are considered received by you when we provide the electronic notification to the email address you provide, unless we receive notice that the email notification is returned as undeliverable to the email address you provided.
- With respect to electronic Billing Documents, delays experienced due to the use of Electronic Delivery will not change any payment due date or the potential imposition of late fees. We recommend you regularly log into your online account on our Website to see up-to-date information about your Transaction Documents and especially if you do not receive an anticipated electronic notification.
Except to the extent otherwise set forth in this Agreement or any other of our agreements applicable to other portions of our Websites, this Agreement sets forth the entire understanding between us and you with respect to your access to, and use of, our Websites and, specifically, the validity of your consent to Electronic Delivery and your consent to your Electronic Signatures, supersedes all prior or contemporaneous understandings regarding access and use.
Partial Invalidity
If any provision of these Terms is determined to be invalid under or in conflict with the laws or regulations of any jurisdiction, the remainder of these Terms shall not be affected by said invalidity or conflict.
Choice of Law, Jurisdiction, and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws principles. The exclusive jurisdiction of any dispute related to these Terms or related in any fashion to your use of our Website shall be courts residing within Boston, Suffolk County, in The Commonwealth of Massachusetts.
Revisions to this Agreement
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove the online tools made available by this Agreement or to this Agreement itself at any time. Changes in this Agreement will be effective when the revised Agreement is posted on our Website and/or otherwise communicated to you. Your continued use of our Website after the posting and/or delivery of revised Agreement will be considered acceptance of the updated and/or modified Agreement. PLEASE READ THIS AGREEMENT AND OUR WEBSITE PRIVACY POLICY, AS WELL AS THE OTHER RELEVANT USER TERMS EVERY TIME YOU ACCESS OUR WEBSITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THIS AGREEMENT AS UPDATED TO DATE.