For California Residents:
We value your privacy. We may collect personal information from you such as identifying information (name, address, driver's license number), transactional information (products or services purchased and payment history), digital network activity (interactions with our website, IP address), geo-location data, audio recordings and other forms of personal information. We use this information for business, marketing and commercial purposes, including but not limited to, providing the products and services you request, processing your claims, protecting against fraud, maintaining security, confirming your identity and offering you other insurance and financial products.
For California residents, click State Privacy Rights to view the full version of the California Consumer Privacy Notice.
Para español, haga clic Derechos de privacidad del estado para ver la versión completa del Aviso de Privacidad del Consumidor de California.
These Terms govern your use of the Application and all related documentation and services, and any and all upgrades and updates that replace or supplement any of the. By touching “Accept” or a similar option presented on your mobile device, or by using the Application, you agree to these Terms, and your agreement is renewed every time you use the Application. You further agree that the data provided through the Application, Sites or Services shall be used to assist us in developing new underwriting models, future products, research and reports. In exchange for your participating in the State Farm Life Enhanced program, including sharing of information and data, you will earn points that may be used to redeem gift cards. No cash value will be provided in exchange for your participation in the State Farm Life Enhanced program, including but not limited sharing information.
You should carefully read these Terms to make sure that you understand them. You acknowledge and agree that, by accessing or using the Application, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you do not have any right to access of use the Application or participate in the State Farm Life Enhanced program.
II. The Application
The Application permits access to and interaction with one or more of our online products and services offered through the State Farm Life Enhanced Program (“Services”) or the State Farm Life Enhanced Program websites (“Sites”). You grant us permission to receive any information you provide through the Application and Sites and to use such information to provide you with the Sites and Services. We reserve the right to change the nature or presentation of the Sites or Services available through the Application at any time. The Application may not be available on all mobile devices or on all mobile service carriers or providers, and may not be accessible or may have limited functionality over some mobile networks in situations such as, but not limited to, roaming.
The Application will not work unless you use it properly. You are responsible for (i) understanding how to use the Application, as it may be upgraded or updated from time to time; (ii) using the Application only in accordance with all applicable instructions; and (iii) understanding how to use your mobile device. We will not be liable for any losses caused by your failure to use the Application or your mobile device properly.
III. License Agreement
Subject to your compliance with these Terms, we hereby grant you a personal, limited, non-transferable, non-exclusive, non-sublicensable, and non-assignable license (“License”) to use the Application on your mobile device you own or control within the United States and its territories, and in those countries where export and use of the Application is permitted under United States law and the law of the location where the Application is being used.
These Terms may be changed at any time at State Farm Life’s sole discretion, without prior notice to you.
If you obtain a new or different mobile device, you will be unable to use the Application until you have downloaded and installed the Application to that device.
IV. State Farm Life Enhanced Program
The State Farm Life Enhanced program is offered by State Farm Life, and allows you to earn points in exchange for using the Application, providing data, and participating in optional challenges. Points earned in the Application may be redeemed in exchange for gift cards, access discounts, or donations to support nonprofit organizations. You will not receive any cash value in exchange for your participation in the program or in exchange for the data you provide by using the Application and participating in the program. The State Farm Life Enhanced program and Application are not insurance products and do not provide you with any insurance coverage.
V. Ownership of Content
The Application, along with any other content provided by State Farm Life through the Application or program, including trademarks, trade dress, and copyrightable text, whether registered or not (collectively “State Farm Life Enhanced Content”), are protected by copyright, trademark, and other laws of the United States and foreign countries and are the proprietary designations of State Farm Life. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks, whether registered or not, of their respective parties. You acknowledge and agree that the Application and State Farm Life Enhanced Content, including all associated intellectual property rights, are the exclusive property of State Farm Life. You further agree that State Farm Life, and/or its affiliates, shall own all intellectual property rights, including patents, copyrights, and trade secrets, in any developed technology, including without limitation to improvements in the Application, based on your data and/or information collected from the Application (see Section on Privacy). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or State Farm Life Enhanced Content.
VI. Your Obligations
· The Application may offer optional physical activity challenges. Your participation in such challenges is strictly voluntary and at your own risk. IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR PARTICIPATION IN PHYSICAL ACTIVITIY CHALLENGES. You should seek medical advice before participating in the State Farm Life Enhanced Program.
· You represent that you are over the age of 18 years old and the legal owner of any accounts and related information that may be accessed via the Application. You represent and agree that all information you provide in connection with your use of the Application is accurate, current, and complete, that you have the right to provide such information, and that we have the right to use such information in connection with the applicable Services. You will not misrepresent your identity or account information. You agree to maintain the confidentiality and security of your passwords or PINs for using the Application and the Services, and not to share them with others.
· If you use any location-based feature of the Application, you agree that your geographic location and other personal information may be accessed and disclosed through the Application. If you wish to hide or revoke access to such information, you must stop using the Application.
· Rewards earned through your participation in the Application may be considered taxable to you. You should consult with your tax advisor for specific tax advice regarding the program.
· You acknowledge and agree that the Application is subject to United States government export control and economic sanctions laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Application. You agree that you will not directly or indirectly use the Application in, or export, re-export, transfer, or release the Application to, any destination, person, entity, or end-user prohibited or restricted by such laws and regulations without prior U.S. government authorization, in writing or as otherwise permitted by applicable regulation. Without limiting the generality of the foregoing, you agree that you will not use the Application in any U.S. embargoed or sanctioned country such as Cuba, Iran, North Korea, Sudan, and Syria.
· You may not copy, reproduce, distribute, or create derivative works of the Application, and you agree not to reverse engineer, reverse compile, or disassemble the Application.
· You agree not to use the Application or any content or information you receive through the Application in any way that would: (i) infringe or misappropriate any third-party copyright, patent, trademark, trade secret, or other proprietary right, including but not limited to our or our service provider’s rights in the Application; (ii) violate any third party’s rights of privacy or publicity; (iii) be fraudulent or misleading, including but not limited to impersonating another person or entity; (iv) create liability for us or our affiliates or service providers; (v) be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (vi) be perceived as illegal, offensive, or objectionable (vii) violate any law or regulation, including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising; (viii) interfere with any Service or Site or any mobile or other network connected to the App; (ix) interfere with any other person’s use of the Application; or (x) gain unauthorized access via the Application to any systems or information of others.
· If the Application permits you to post or upload content or information to a Service or Sites, including your information from a connected device or social media platform, (“User Content”), you represent and warrant to us that you have the right to post or upload all such User Content, and that such User Content or information will not violate or cause a violation of any of clauses (i) through (x) in the User Conduct section above. You also grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, copy, adapt, modify, distribute, license, transfer, transmit, stream, access, view, and otherwise use such User Content only on, through or by means of the Services, the Sites or the Application. We claim no ownership rights in User Content, and these Terms do not restrict any rights you may have to use or exploit such User Content.
· The Application is for your personal use only, and you agree not to resell or make any commercial use of the Application.
· You hereby agree to indemnify and hold harmless us and our affiliates and our service providers from and against any and all third party claims, liabilities, damages, expenses, and costs (including but not limited to reasonable attorney fees) caused by or arising out of your use of the Application, your violation of these Terms, your violation of any applicable law or regulation, or your infringement of any intellectual property or other right of anyone.
You may not use the Application unless you are: 1) at least 18 years of age; and 2) the legal owner of a product offered by State Farm Life. If you do not meet these eligibility requirements, you do not have permission to use the Application.
VIII. Your Privacy
The privacy terms described in this section apply to your access to and use of the Application, and by choosing to use it, you consent to the collection, transfer, processing, storage, disclosure, and other use of your information. In addition to information you intentionally voluntarily submit to State Farm Life in connection with your use of the Application and its features, you grant State Farm Life permission to automatically and continually collect and/or access information including but not limited to the following:
· First and last name
· Email address
· Phone number
· Physical address
· Health and fitness data
· Customer support data
· Persistent identifiers (including but not limited to Device ID)
· Technical device information (including but not limited to model, software version, carrier, and battery information)
· Product interaction data
· Crash data
· Phone sensor/movement data (including but not limited to display status, accelerometer, gyroscope, and magnetometer);
· Health information (including but not limited to data related to physical activity)
· Financial behavior information (including but not limited to data you provide related to household budget, savings and insurance coverage)
· Patterns of application usage, user interaction, and screen views.
Any and all data shared or collected through the Application may be shared with third parties as necessary to provide you with the Application and associated services.
State Farm Life will use any and all data provided through the Application for purposes of developing underwriting models, insurance product, and research. State Farm Life will use any information you share through the Application to improve the quality and value of the Application.
We and our service providers will collect and use data and information you provide via the Application for purposes of providing the Application, the Services accessed through the Application, and related functions, such as communications, redemption of points for rewards with third party retailers, and to prepare analyses and compilations of aggregate user data that do not identify you (such as the number of users who downloaded and installed the Application during a given time period, etc.). We will use the data for purposes of developing underwriting models, future products and research and reports regarding customer habits. The Sites may contain additional provisions regarding our collection and use of your personal information, if any.
IX. Participant Challenges
The Application and State Farm Life Enhanced offers optional physical activity challenges. The challenges are strictly voluntary. You should not participate in these challenges without first consulting with a physician.
Rewards earned through your participation in the State Farm Life Enhanced program, and through your use of the Application may be considered taxable income to you. State Farm Life cannot provide any tax advice regarding these rewards. You should consult with your tax advisor for specific tax advice regarding the State Farm Life Enhanced program and Application.
State Farm Life reserves the right to adjust your point balances at its discretion.
Rewards must be redeemed by the user during the applicable program period, as determined at State Farm Life’s discretion. Any program points available through the State Farm Life Enhanced program or Application that have not been redeemed prior to Application cancellation, termination or revocation, or prior to program cancellation or completion will be forfeited. Points earned through the State Farm Life Enhanced program or Application are non-transferrable.
Neither we nor our service providers can anticipate all technical or other difficulties related to the Application. Such difficulties may result in loss of data, loss or change of personalization settings, or other interruptions in the Service(s), the Application, or the operation of your mobile device. You agree that neither we nor any of our service providers will be responsible for any disclosure of information or content to third parties, or for the timeliness, deletion, misdelivery, or failure to store any user data or personalization settings in connection with your use of the Application, and you hereby release us and our service providers from any liability in connection with the foregoing.
You agree that neither we nor our service providers have assumed responsibility for the operation, security, functionality, or availability of any wireless device or mobile network that you use to access the Application or any Service via the Application, or of the Internet, and you hereby release us and our service providers from any liability in connection with the foregoing.
Information available through the Application pertaining to a Service may be different from information that is available when accessing the Service directly via an applicable Site, and may not be current. Information available at a Service-related Site may not be available through the Application, may be described using different terminology, or may be more current than the information available via the Application. Methods of using a Service via the Application, including but not limited to entering information or instructions, may differ from methods for using the Service directly at the applicable Site. You agree that neither we nor our service providers will be liable for any errors or delays in the information presented nor any actions taken in reliance thereon.
XII. Third Party Beneficiaries
You agree that our service providers and the owners, operators, proprietors, and merchant(s) of record of any software application, distribution website or kiosk/business from which you may have downloaded or otherwise obtained the Application (“Application Store”) may rely on your agreements and representations in these Terms, and such service providers and Application Store are third party beneficiaries of these Terms with the power to enforce their provisions against you, including but not limited to the liability limitations and warranty disclaimers below with regard to any claim relating to or arising from the Application or these Terms.
State Farm Life reserves the right to terminate access to the Application at any time without notice. We may suspend your access to the Services or Sites via the Application at any time without notice and for any reason, including but not limited to your non-use of the Application. You agree that we and our service providers will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
State Farm Life reserves the right to terminate your access to the Application and State Farm Life Enhanced program at any time. If you do not comply with your obligations under these Terms, or if you submit inaccurate or false data to State Farm Life in connection with the Application or the State Farm Life Enhanced program, your access to the Application and the State Farm Life Enhanced program will be revoked and any and all points and rewards earned through the State Farm Life Enhanced program will be forfeited.
XV. Links to Third Party Sites
We may provide, or third parties may provide, for your convenience and information only, links to other websites. Because we do not have control over these sites, you agree that we are not responsible for any liability resulting from the access or use of sites not owned by us and that we are not responsible for any content, advertising, product, or any other matter or issue, available online, whether linked to, or from, the Application. Further, you agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of websites we do not own
XVI. Limitations of Liability and Warranty Disclaimers
THE APPLICATION IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE APPLICATION WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED. YOUR USE OF THE APPLICATION AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WESTATE FARN LIFE, OUR AFFILIATES, OR ANY OF OUR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, OUR STATE FARM LIFE LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION SHALL NOT EXCEED $10.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing exclusion or limitation may not apply to you.
YOU UNDERSTAND THAT ANY APPLICATION STORE FROM WHICH YOU MAY HAVE DOWNLOADED THE APPLICATION MAKES NO WARRANTY WHATSOEVER AND SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CLAIMS RELATED TO OR ARISING FROM THE APPLICATION OR THESE TERMS, INCLUDING BUT NOT LIMITED TO CLAIMS:
i. IN RELATION TO THE SALE, DISTRIBUTION, OR USE OF THE APPLICATION, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION;
ii. FOR PRODUCT LIABILITY;
iii. THAT THE APPLICATION FAILS TO CONFORM TO ANY LEGAL OR REGULATORY REQUIREMENT;
iv. UNDER CONSUMER PROTECTION LAWS; OR
v. SEEKING DEFENSE AND INDEMNITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
XVII. Social Media and Blog Commenting
We welcome comments, opinions and questions. Anything threatening, libelous, defamatory, obscene, pornographic or other material that would violate the law will be deleted. We take the customers' security very seriously. We do not respond to any questions that pertain to a specific individual, account, or financial issue.
We do not endorse any of the third party content posted on our social media properties, nor do we have any control over it. No part of the social media properties are intended to act as a recommendation, suggestion, or testimonial for any service or product.
XVIII. Governing Law
These Terms are governed by the laws of the State of Illinois with jurisdiction and venue being in McLean County, Illinois. You agree that referencing, using or accessing the Service via the Application constitutes your acceptance of the jurisdiction of state or federal courts in McLean County, Illinois and that any legal action may be brought against you, and any legal action by you must be brought, in state or federal courts in McLean County, Illinois.
If any provision of these Terms is declared invalid by a court of competent jurisdiction then such provision will be ineffective only to the extent of such invalidity, so that the remainder of such provision and all remaining provisions of these Terms will be valid and enforceable to the fullest extent permitted by applicable law.