Last revised: October 15, 2018
By accessing or using the Services, you warrant and represent that you are at least 18 years of age. If Company learns that you are under the age of 18, Company will terminate your access to the Services and may cancel your insurance policy.
Ownership of the Site, App and Content
Electronic Document Delivery
You agree to have Company electronically deliver to you documents, records, and information ("Documents") regarding your policy. You will receive these electronic Documents instead of paper documents. Documents include but are not limited to, policy declarations; policy forms; endorsements; renewal, non-renewal and cancellation notices; and any other communication regarding your policy.
Policy documents are available and can be viewed by logging into the Site with your password.
At Company’s discretion, Company may issue some notices or Documents by print mail and not by electronic delivery.
Receiving Documents electronically is optional. You may, at any time change your delivery preferences online at the Site. After you elect to receive Documents by print mail, all future Documents, as the case may be, will be provided to you in paper form. Changing the delivery method of Documents shall not affect the legal enforceability of Documents provided to you before the effective date of the change in delivery preference.
You are responsible for maintaining a current email address on file to ensure that your Documents are deliverable. You may update your information, such as changing your email address, at any time by by emailing the Company at firstname.lastname@example.org or calling (800) 774-7335.
To access the Site and obtain Documents electronically, you will need access to the World Wide Web (Internet) and a security-enabled web browser, with 128-bit encryption installed such as Chrome 63+, Firefox 57+, Safari 11+, or Internet Explorer 11+. Many other browsers will also work with our site. The information you send to us is encrypted. We use an industry standard Secure Socket Layer to allow for encryption of sensitive personal information such as name and address. You will also need an email address, as well as PDF reader software, such as Adobe Acrobat Reader®. You will need a printer if you wish to print out your documents.
You are responsible for accessing, opening, and reading your Documents. While they're available online, you can print your policy documents or save them to your computer for any future access. Electronic Documents have the same legal effect as printed ones. If you cannot access or read any Documents, you must contact Company as described in paragraph d. of Electronic Document Delivery.
Company does not warrant that the delivery of electronic Documents will be uninterrupted or error free. We are not liable for any loss or damage arising from problems with your equipment or your telecommunications provider; your failure to meet your responsibilities as outlined herein; any equipment problems, or other occurrences beyond our reasonable control.
By accepting Documents electronically, you acknowledge that you have read, understand, and agree to the terms and conditions of this entire section, Electronic Document Delivery. You acknowledge that you are able to view the Documents using your computer and software in accordance with the technical requirements listed in paragraph g. of Electronic Document Delivery.
Network Access; Service Provider
You are responsible for obtaining the data network access necessary to use the Service. You acknowledge that the terms of any agreement with your respective mobile network or internet provider will continue to apply when using the Service with your wireless-enabled mobile device. Consequently, your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled mobile device. You accept responsibility for any such charges that arise.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Company does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Insurance Products and Your Eligibility
Information provided on the Site or App do not amend, modify or supplement any insurance policy. Consult the actual policy for the terms, conditions, limits and exclusions. Coverages and availability vary by state. Your eligibility for particular insurance products and services is subject to final determination of underwriting qualifications and acceptance by ProSight Specialty Insurance Group, Inc.’s underwriting company providing such insurance products or services. Insurance products available through the Site or App are underwritten by New York Marine and General Insurance Company, Southwest Marine and General Insurance Company or Gotham Insurance Company.
Accuracy of Information You Provide
You have the authority to provide responses to the questions on the Site or App when applying for a policy and filing a claim, and the answers and information you provide shall be true, correct, and complete to the best of your knowledge. The below statements pertain to information you provide on the Site or App when applying for a policy or filing a claim.
Applicable in AK: A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.
Applicable in AZ: For your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only.
Applicable in CA: For your protection, California law requires that we provide the following statement: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
Applicable in DE, ID and IN: Any person who knowingly, and with intent to (injure)*, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony. Applies in ID only.
Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL only.
Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral or telephonic communication or statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.
Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY only.
Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME only.
Applicable in MN: A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
Applicable in NH: Any person who, with a purpose to injure, defraud, or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is subject to prosecution and punishment for insurance fraud, as provided in NH Rev. Stat. § 638:20.
Applicable in NJ: Any person who includes any false or misleading information on an application for an insurance policy or who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.
Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application or filing a claim containing a false statement as to any material fact may be violating state law.
Applicability in TX: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
All quotes provided by Company are based on information you provide and shall not be considered a contract or binder of insurance and coverage is not effective until you purchase a policy. Any insurance coverage information described on the Service is descriptive in nature and shall not be relied upon as coverage provided within any insurance policy you purchase. Consult the actual policy for the terms, conditions, limits and exclusions.
For Insureds with a DJ Policy You may cancel your policy at any time for any reason; however a minimum premium charge of up to 50% of your total premium will be assessed based upon the state where the policy was issued.
For Insureds with a Wellness or Fitness Policy (e.g., dietitian, nutritionist, or yoga/fitness instructor) You may cancel your policy at any time for any reason; however a minimum premium of up to $100, plus applicable fees and taxes will be assessed based upon the state where the policy was issued.
Unless your policy has been cancelled or non-renewed by you or us or you make any changes to the policy, it will automatically renew at the end of its term with the same coverages, terms, conditions, limits, and exclusions for another term and you will be subject to the renewal payments as described in Section 14, Online Payments.
Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site or App, deep-link to any feature or content on the Site or App, or bypass any robot exclusion headers or other measures Company may use to prevent or restrict access to the Site or App.
You may not, and you agree that you will not permit any third party to, decompile, disassemble or reverse engineer any object code that is part of the Site or App, or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, structure, sequence or organization of such source code, or any algorithms, methods, or models contained therein.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on or through the Service.
Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accuracy of the Service, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Service or any Content available thereon. It is possible that the Service and Content available thereon could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Service by third parties. Company reserves the right to unilaterally correct any inaccuracies on the Site or App without notice.
Termination of Access; Removal of Content or Features
Upon renewal, you authorize Company to automatically charge the most recent credit or debit card you used for any payment related to your policy for the renewal policy premium. You will be charged 7 days prior to the expiration date of the in-force policy. You also agree to allow your financial institution to charge your credit or debit card for these payments and understand changes to your policy or premium may change the amount charged. If there is an issue with processing the renewal premium policy by charging the most recent credit or debit card you used, you authorize us to charge any other valid credit or debit card associated with your Account. If you decide to cancel the renewal policy between the 7th day prior to the expiration date when we charge your credit or debit card and the inception date of the renewal policy, you will receive a full refund.
You represent and warrant that if you are making online payments that (i) any credit card or debit card you supply is true, correct, and complete; (ii) charges incurred by the cardholder will be honored by the credit or debit card company; (iii) the cardholder will pay the charges incurred in the amounts posted, including any applicable taxes; and (iv) you are authorized to make a payment with the relevant payment method and payment information.
Export Policy and Restrictions
You acknowledge that the Site and App that is licensed in connection with the Service include technology and software and are subject to the customs and export control laws and regulations of the United States of America. By downloading or using technology or software in connection with the Service, you agree to abide by the applicable laws, rules, and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology, including the Site or App, to a foreign national or foreign destination in violation of the law or to any person, who is forbidden from receiving such software or technology, including the Site or App, under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees, and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
Links to Other Sites
User Generated Content, Reviews, Feedback and other Postings to the Service
If you submit, add, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other Content or materials to Company, the Site or App (“User Generated Content”), you agree not to provide any User Generated Content that (i) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (iii) contains or transmits a virus or any other harmful component. You agree not to contact other Service users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes of Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium, or technology throughout the world. Company is and shall be under no obligation to: (i) maintain any User Generated Content in confidence; (ii) pay to you any compensation for any User Generated Content; or (iii) respond to any User Generated Content. You agree that you shall be solely responsible for all User Generated Content that you submit, add, upload, post, or otherwise communicate through the Service, even if a claim should arise after termination of your use of the Service.
Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to Company via the Service. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify, and hold Company harmless from and against all third party claims, damages and expenses, including reasonable attorneys’ fees against or incurred by Company arising out of your use or misuse of, or access to, the Service, Content, or otherwise from any User Generated Content you post or allow to be posted to the Site or App.
Disclaimer of Site and App Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS ON THE SITE OR APP WILL BE CORRECTED. COMPANY DOES NOT WARRANT THAT THE SITE OR APP WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. THE SITE AND APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN EACH OR ANY SITE-RELATED OR APP-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE OR APP.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE APP, SITE-RELATED AND APP-RELATED SERVICES, AND LINKED WEBSITES AND RESOURCES. COMPANY DOES NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Limitation of Liability Regarding Use of the Site and App
COMPANY AND ANY THIRD PARTIES MENTIONED ON THE SITE OR APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE APP, SITE-RELATED OR APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, THE APP AND/OR ANY LINKED WEBSITE OR RESOURCE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE APP, SITE-RELATED AND APP-RELATED SERVICES, AND/OR LINKED WEBSITES OR RESOURCES IS TO STOP USING THE SITE, APP AND/OR SUCH SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE IS $500 (FIVE HUNDRED DOLLARS).
Governing Law; Jurisdiction; Waiver of Jury
To the extent permitted by law, if any dispute or claim results in a lawsuit, you and Company knowingly and voluntarily agree that a judge, without a jury, will decide the case. YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
Limitation on Time to File Claims