Terms and Conditions

Welcome to CoverWallet! These Terms of Service (“Terms”) are a binding contract between you (“you” or “your”) and CoverWallet, Inc. (“we”, “us” or “our” or “CoverWallet”) with respect to our website at www.coverwallet.com and its subdomains (“Site”) through which we offer our services (together with our Site, our “Services”) as an insurance agent for small businesses.

Before you click on the “I accept” button or use our services, read these terms carefully. by clicking on the “I accept” button or using our services, you are agreeing to be bound by and are becoming a party to these terms. you represent and warrant that you have the authority to enter into these terms on behalf of any group or entity you represent. you hereby covenant to ensure that all users that gain access to our services from you are bound by these terms. if you do not agree to all of these terms, then do not click “i accept” and do not access and/or use our services.

Additionally, by clicking "I accept", you agree to transact with us electronically. This mean you agree to receive electronically all disclosures, communications, notices and other information that we may send to you or be required to send to you under applicable law or otherwise pursuant to the terms and conditions set forth below.

Additionally, by clicking “I accept”, you agree to transact with us electronically. this means you agree to receive electronically all disclosures, communications, notices and other information that we may send to you or be required to send to you under applicable law or otherwise pursuant to the terms and conditions set forth below.

1. Scope of Services

We offer our Services as an insurance agent for small business. We are not an insurance provider and are not responsible for the provision or insurance policies.

We may alter, suspend, discontinue or subcontract our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Site or a compatible mobile device enabled with our application.

2. Right to Use; Privacy Policy

3. Login Credentials; Communications

4. Fees and Payments

5. Prohibited Conduct

We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above or below reasons or for any other reason, and if we do so, we may terminate your access to our Services.

You shall not, and shall not authorize or facilitate any attempt by another person to use our Services to:

We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.

6. Intellectual Property Rights

You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive, source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.

Unless otherwise noted, all CoverWallet’s content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

7. Indemnification

By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your posting of any content, (ii) your use of our Services, and/or (iii) any user or other third party’s use of any content that you post to our Services. At our option, you agree to defend us from any such Claims.

8. Third Party Sites

Our Services may contain links to third party sites, which are independent of us and not under our control. These links are provided to you as a convenience, and we are not responsible for the content of any linked third party site. In addition, a link to any third party site does not imply that we endorse or accept any responsibility for the content or use of such site.

9. Disclaimer

Under no circumstances will we be liable for any loss or damage caused by failure of our Services to operate as intended, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.

Our services and all content on or accessible from our services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. specifically, but without limitation, we do not warrant that: (i) the information available through our services is free of errors; (ii) the functions or services provided by our services will be uninterrupted, secure or free of errors; (iii) defects will be corrected or (iv) that our servers or the server(s) that make our services available are free of viruses or other harmful components.

CoverWallet is not an insurance underwriter nor an insurance company. CoverWallet does not make any representations or warranties regarding the quotes, terms, rates, coverage or services offered to you by insurance companies through our service or site. CoverWallet does not guarantee that the quotes, fees, terms, rates coverage or services offered by insurance companies through our service or site are the best available.

The information provided through our service and site is only a general description of insurance coverage that might be available for you to purchase. the precise coverage provided to you by any insurance company is subject to the terms, conditions, exclusions and company underwriting guidelines of the insurance policy issued to you by the applicable insurance company. the insurance policy you purchase, and not the general information made available through the service, forms the contract between you and the insurance company. if you have any questions, please contact us by email at info@coverwallet.com or by phone at (646)844-9933 to obtain advice from one of our licensed professionals before making any coverage decision.

10. Limitation of Liability

11. Release from Liability

You release, to the fullest extent permitted by law, CoverWallet, its directors, officers, members, employees, representatives, consultants, agents, suppliers and/or distributors from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with (i) disputes between or among users; (ii) third party sites, products and services, including without limitation insurance policies; and (iii) claims relating to the unauthorized access to any data communications or content stored under or relating to your account, including unauthorized use or alteration of such communications or your content.

You hereby waive applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12. California Users

If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916)

13. Void Where Prohibited

Our services are intended only for users located in those states in the united states in which CoverWallet or any of its affiliates are licensed insurance agents or brokers. our services are not intended as a solicitation for insurance in any state where CoverWallet or any of its affiliates are not licensed. although our services may be accessible in other geographic locations, the features, products or services discussed, referenced, provided or offered as part of the services are only available to users in the united states. we reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. any offer for any feature, product or service made available through our services is void where prohibited by law.

14. Modifying and Terminating Service

We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at your registered email address. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa. You may terminate these Terms at any time by ceasing to use our Services. Termination of these Terms will have no effect on any insurance policies you purchase in connection with our Services.

Accrued obligations and all provisions of these Terms that by their nature should survive will survive any termination of these Terms.

15. Unsolicited Ideas and Feedback.

We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.

16. Governing Law; Dispute Resolution

We may provide you notice to the email address you provide to CoverWallet during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process and you may give us notice to the address set forth on our Site as our address. In such case, notice shall be deemed given three days after the date of mailing.

17. Notice

These Terms, and any dispute between you and us, shall be governed by the laws of the State of New York without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 18 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in New York, New York, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.

18. Agreement to Arbitrate; Waiver of Class Action

Except for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or for items (i)-(iii) set forth in Section 17, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Services and/or our Privacy Policy shall be finally resolved by arbitration conducted in the English language in New York, New York, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and we hereby expressly waive trial by jury. You and we shall appoint one arbitrator mutually agreed upon by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms.

Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor us will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your CoverWallet account to which the opt out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out:

CoverWallet, Inc., ATTN: Arbitration Opt-out, 100 Avenue of the Americas, Fl 16, New York City, NY 10013.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

In accordance with Section 14, this Agreement to Arbitrate will survive the termination of your relationship with us.

19. Miscellaneous

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our written consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of CoverWallet to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. No Minors

If you are less than 18 years old, you are not authorized to use our Services or Site.

21. For Additional Information

If you have any questions about these Terms, please contact us at: 100 Avenue of the Americas, Fl 16, New York City, NY 10013 or via info@CoverWallet.com

Copyright © 2017, CoverWallet, Inc., All Rights Reserved.

Terms of Service Version Updated: December 19, 2017