Terms of Use

Last updated July 1, 2023

Introduction

The policies below describe SureChoice Underwriters Reciprocal Exchange (“SURE,” “us,” “our”, or “we”) agreement with you (“you”) when you visit our public-facing websites hosted under the domains https://sureins.com (the “Website”). By using the Website, you signify your agreement to these policies. If you do not agree to these policies, you may not use the Website.

Privacy Policy

We respect your privacy and created this Privacy Policy to let you know what personal information we collect when you access and/or use our Website and how we may use or disclose it.

This  Privacy Policy applies to visitors, users, customers, consumers, and others (collectively, “consumers” or “you”). This policy describes the types of information we may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Categories of Personal Information We Collect

We collect the following categories of information from or about our consumers, each of which are “personal information” as used herein:

  • Identifiers and personal information categories (e.g., name, date of birth, mailing address, phone number, email address, internet protocol address, Social Security number, insurance policy number, driver’s license number, bank account number and other payment information, financial history, marital status)
  • Protected classification characteristics (e.g., age and marital status)
  • Commercial information (e.g., records of personal property, payment history, claims history, other payment or financial information, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
  • Internet or other electronic network activity information regarding your interaction with our website (e.g., browsing history, cookies, search history, information on a consumer’s interaction with a website, application, or advertisement)
  • Sensitive Personal Information: We collect the following information, which may be categorized in your state as “sensitive” personal information: social security number, driver’s license number, bank account number(s), and marital status.

Sources of Information

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, we collect the information that you provide (or that someone else provides on your behalf) when you fill out online applications, or other forms, and when you submit questions or comments online or by email or by text messages.
  • Directly and indirectly from your activity on our website. For example, we collect information from your submissions through our website portal and website usage details collected automatically through cookies and other similar tracking technologies.
  • From consumer reporting agencies, public records and data collection agencies. For example, we collect information regarding your obligations with others, your creditworthiness, loss history, and claims data from these sources.
  • From transactions with SURE or other nonaffiliated parties. For example, we collect information, such as your name, address, availability of funds, insurance coverage, transaction history, claims history and premiums, from these sources.

We collect personal information in the following ways:

  • Automatic Collection: If you download material or browse through the Website, our servers automatically collect certain information about you which may include: (a) the name of the domain and host from which you access the Internet; (b) the browser software you use and your operating system; (c) the Internet address of the website from which you linked to the Website; (d) the Internet address of the device you used to access the Website and the location from which such access occurred; and (e) the time(s) when you accessed the Website.
  • Voluntary Collection: You may voluntarily enter or otherwise provide information to us on the Website, such as through a contact request form or email. You may also voluntarily provide information to us when you use certain features of the Website, such as applying for a job with us.

The technologies we use for automatic data collection may include:

  • Cookies (or browser cookies). We may use cookies to help personalize your experience or to market products and services to you. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Purposes and Use of Collected Personal Information

We may use or disclose personal information, including certain sensitive personal information, we collect for one or more of our following business purposes:

  • To present our Website and its contents to you.
  • To fulfill or meet the reason for which the information is provided.
  • To provide you with information, products or services that you request from us.
  • To maintain or service your accounts and to provide customer service.
  • To provide you with email alerts, text message alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
  • Improve, market or promote our products and services to you.
  • Where relevant, to consider your application for employment.
  • Compile, synthesize, generate and analyze anonymous usage and other aggregated information.
  • To improve user experience by making our Website easier to use and navigate.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, receivership, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To enforce our Terms of Use.
  • As described to you when collecting your personal information.

We may use the personal information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We will not collect additional categories of personal information from you or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice and obtaining your consent in advance.

Sharing Personal Information

We may disclose the following categories of your personal information to third parties for our business purposes, as described above:

  • Identifiers and personal information categories (e.g., name, date of birth, mailing address, phone number, email address, Internet Protocol address, Social Security number, insurance policy number, bank account number and other payment information, financial history, marital status)
  • Protected classification characteristics (e.g., age, marital status)
  • Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
  • Internet or other electronic network activity information (e.g., browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement)
  • We may also disclose without restriction aggregated information about our users, and information that does not identify any individual.

We may, as allowed by law, disclose to the following categories of third parties your personal information for our business purposes, as described above:

  • Third parties that use your personal information to process payments, validate your credit and loss history, and provide other similar services on our behalf.
  • Other insurance institutions, financial institutions, reinsurers, insurance producers, or consumer reporting agencies as needed in connection with any insurance application, policy or claim involving you.
  • Third parties that conduct research, including actuarial or underwriting studies. 
  • Adjusters, appraisers, auditors, investigators and attorneys.
  • Third parties that may explore certain transactions with SURE, such as certain investments, loan transactions, and mergers and acquisitions of portions or all of our business.
  • Third parties who perform business, professional or insurance functions for SURE including service providers, agents or independent contractors.
  • To our subsidiaries and affiliated companies.
  • We may disclose your personal information to law enforcement, government agencies, and other related third parties, in order to comply with any court order, the law, or legal process, to enforce our policies, or to protect our or others’ rights, property, or safety.

We do not sell any personal information of current or former consumers.

Third-Party Cookies and Links

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Our website contains links to other sites. SURE is not responsible for the privacy practices or content of such other sites. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.

How SURE Responds to Do-Not-Track Signals

Certain state law requires commercial website owners and operators to disclose how their website responds to web browser “do not track” signals. If you have enabled your browser for that purpose, at this time, we do not honor “do not track” requests or change our services or information practices in any way as a result of receiving “do not track” requests from your browser.

Collection and Use of Information from Children

NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR LEGAL GUARDIANS: SURE DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13 AND CHILDREN UNDER THE AGE OF 13 ARE SPECIFICALLY PROHIBITED FROM SUBMITTING ANY PERSONAL INFORMATION ON THE WEBSITES. IF YOU ARE UNDER THE AGE OF 13, DO NOT SEND SURE ANY PERSONAL INFORMATION INCLUDING WITHOUT LIMITATION YOUR EMAIL ADDRESS, NAME AND/OR CONTACT INFORMATION. IF WE LEARN WE HAVE COLLECTED OR RECEIVED PERSONAL INFORMATION FROM A CHILD UNDER 13 WITHOUT VERIFICATION OF PARENTAL CONSENT, WE WILL DELETE THAT INFORMATION. IF YOU BELIEVE WE MIGHT HAVE ANY INFORMATION FROM OR ABOUT A CHILD UNDER 13, PLEASE CONTACT US AT www.sagesure.com/contact-us/

Your Rights

You have the following rights with respect to your personal information:

  • Right to Know: You have the right to request that we disclose certain information to you about our collection, use, and disclosure of your personal information over the past twelve (12) months. Once we receive and confirm your request, we will disclose the following to you:
  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information and the categories of personal information shared with those third parties.
  • The specific pieces of personal information we collected about you.
  • Right to Opt-Out: You have the right to opt-out of our sharing of your personal information with third parties, subject to certain exceptions necessary for SURE to provide you our products and services, as set forth above under Sharing Your Personal Information.
  • Right to Correction: You have the right to request correction of any inaccurate personal information.
  • Right to Request Deletion: You have the right to request that we delete your personal information that we have collected about you. We may deny your deletion request if retaining the information is necessary for us to: complete the transaction for which we collected the personal information; provide a good or service that you requested; take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; debug products to identify and repair errors that impair existing intended functionality; exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; comply with a legal obligation; or make other internal and lawful uses of that information that are compatible with the context in which you provided it. We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
  • Right to Non-Discrimination: We will not discriminate against you because you exercise your rights. For example, we will not deny you goods or services or charge you a different price or rate for goods or services if you make an access or deletion request.

Exercising Your Rights

To exercise the rights described above, please submit your request to us by either:

Only you, or a person legally authorized to act on your behalf, may submit a request related to your personal information. You may also submit a request on behalf of your minor child. You may only make a request for information twice within a 12-month period. We will not charge a fee to respond to your request. Any such inquiry will be responded to within thirty (30) days.  We must verify your identity with respect to such inquiries. Depending on the nature of the Personal Information at issue, we may require additional measures or information from you as part of that verification.

You may be asked to provide your name, insured property address, and date of birth when making the request.

Security

SURE maintains reasonable administrative, technical and physical security measures to protect the security of your personal information. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted over the Internet. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. No security system is impenetrable, and Company cannot guarantee the security of this website, nor that the information you supply will not be intercepted while being transmitted over the Internet. By using the services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the services, including providing you any notice or notification related to same as required under state law.

ACH Transaction, Credit, and Debit Card Safety

If you pay an invoice or bill, or make a purchase, on the Website, you will be routed to our bank services link for your ACH, Credit or Debit Card Transaction. Your checking account, credit or debit card number is encrypted when transmitted. Encryption is used with every submission of financial information you sent. Other personal information may also be encrypted when authorizing a payment.

Data Retention

We will retain your personal information for the time period necessary to fulfill the purposes described in this Privacy Policy. Under our record retention policy, we destroy personal information after our need for it ends, which is defined in that policy according to specific retention periods. However, we may have a further need to hold personal information beyond our record retention policy periods due to regulatory requirements or in response to a regulatory audit, investigation, or other legal matter. For More Information

If you have any questions regarding this Privacy Policy, please visit us at www.sagesure.com/contact-us/

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and us. The following terms and conditions govern your access to and use of https://sureins.com, including any content, functionality, and services offered on or through https://sureins.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Age and Geographic Restrictions

This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term SURE, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

The text, images, information and other material contained on the Website (“Content”) are proprietary to us and/or our partners and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. You agree not to appropriate, modify, copy, distribute, or re-sell any Content or other information obtained from or through the Website. No right, title or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by SURE.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other person’s use of the Websites, including their ability to engage in real time activities through the Website.
  • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • use any device, software, or routine that interferes with the proper working of the Website.
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • otherwise attempt to interfere with the proper working of the Website.

Termination / Access Restriction

SURE reserves the right, at its sole discretion, to:

  • restrict or terminate your access to this Website, and/or any related products or services or portion thereof on this Website or related to it, without notice.
  • take whatever lawful action we may deem appropriate in response to any actual or suspected use of this Website that is in violation of these Terms of Use, and/or applicable law. Such actions may include but are not limited to referral to law enforcement and the suspension or termination of the user’s access to this Website.
  • seek all remedies and damages available at law and in equity for violation or anticipatory violation of these Terms of Use, including but not limited to seeking injunctive relief.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

No Professional Advice or Representation of Eligibility

The content on this Website is intended for general information purposes only as a convenience to you and is not intended as or constitute advice upon which you may rely for legal, professional, financial, or other decisions. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and/or conditions applicable to any product or service, including any insurance policy issued by SURE.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Availability

Not all of the products or services described on this Website are available in all states. You may not be eligible for all of the insurance products or services described on this website. SURE, at its sole discretion, reserves the right to determine eligibility for such products or services.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use and access to the Website would not be provided to you absent such limitations

Disclaimer of Warranty

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY ON BEHALF OF ITSELF AND ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

North Carolina Residents

If you are a North Carolina resident, the following provisions will apply:

  • The disclaimers of warranties and limitations of liability herein will not apply to you.
  • These Terms of Use will not be construed to limit your recovery of damages or other remedies.
  • These Terms of Use will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and us.

General Terms Applicable to Privacy Policy and Terms of Use

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

Governing Law and Jurisdiction

All matters relating to the Website, this Privacy Policy, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Binding Arbitration and Class Action Waiver

THIS SECTION CONTAINS PROVISIONS FOR BINDING ARBITRATION AND WAIVER OF CLASS ACTION. YOUR ACCEPTANCE OF THE TERMS OF USE INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO THIS SECTION. WHEN ARBITRATION IS INVOKED FOR CLAIMS SUBJECT TO ARBITRATION, SEE BELOW, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OTHER REPRESENTATIVE ACTION AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. BY ACCEPTING THE AGREEMENT, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND WE WILL BE RESOLVED EXCLUSIVELY BY BIDING ARBITRATION. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, our Privacy Policy, or use of the Website, including without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by arbitration under the Rules of Arbitration of the American Arbitration Association applying Arkansas state law. The Arbitration shall take place in New York, New York. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement to arbitrate does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. Notwithstanding the foregoing, Company and you may participate in a class-wide settlement.

In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the Binding Arbitration and Class Action Waiver section and these Terms of Use will remain in force, including but not limited to Governing Law and Jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in the Privacy Policy or these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Privacy Policy or these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Privacy Policy or these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Privacy Policy and these Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. If you purchase an insurance product from us, an additional privacy policy will apply to that customer relationship.

Changes to Our Privacy Policy and Terms of Use

It is our policy to post any changes we make to our Privacy Policy and Terms of Use on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy and our Terms of Use to check for any changes. 

How to Contact Us

If you have questions about these policies, you can contact us by email at marketing@sagesure.com.