Last updated: February 24th 2022
IMPORTANT: BY ACCESSING AND/OR USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT ACCESS OR USE THE SERVICES.
Acceptance of Terms
References to “you” in the Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. By accessing or using the Services for your own personal use, you confirm that (i) you can form a binding contract with us under the applicable laws of your jurisdiction, and (ii) you are over the age of 18. By accessing or using the Services on behalf of a corporation (or any other legal entity), you confirm that you are duly authorized by such legal entity to enter into an agreement on behalf of that legal entity and are nevertheless you are individually bound by the Terms, even if we have a separate agreement with such legal entity.
We are an insurance agency licensed to sell property-casualty insurance products and receive compensation from insurance companies for such sales. Coverage is provided by Spinnaker Insurance Company and is subject to the specific terms and conditions contained in the insurance policy purchased by you. Insurance is underwritten by Spinnaker Insurance Company.
Eligibility for the Services
Not all of the products or services described on the Services are available in all areas of the United States and you may not be eligible for them. We reserve the right to determine eligibility, in our sole discretion.
Subject to the Terms and our policies (including policies made available to you with the Services), we grant you, and you accept, a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right and license to access and make non-commercial use of the Services only in accordance with the Terms. The above right and license shall be granted until terminated in accordance with the Terms hereof.
You acknowledge and agree that we may, at any time, for any reason and without notice, discontinue, change or restrict your use of the Services and make changes in the Services.
In order to access or use the Services, or any portion thereof, you may be required to create an account. You hereby represent and warrant that the information you provide to us upon registration (“Account Information“), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Some portions of the Services are restricted and require a user ID and a password for access. Unauthorized use or access is strictly prohibited. By accessing restricted portions of the Services which require a user ID and password, you agree that you are responsible for maintaining the confidentiality of your user name and password. You may not share your password with or transfer your password to any third party. We encourage you to choose a strong password, including numbers, capital letters, special characters, etc., that is not typically found in a dictionary. You are responsible for all uses of your user name and password, and any and all related charges, whether or not authorized by you.
You acknowledge that you must immediately notify us of any unauthorized use of your password or user name or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else’s use of your password or user name, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else’s use of your user name or password.
All quotes we generate are based on the information you provide us with and do not constitute a contract or binding agreement to provide insurance coverage. Any coverage descriptions provided on the Services are general descriptions of available coverages and are not a statement of contract. In order to obtain coverage, you must submit an application to us. All applications are subject to underwriting approval.
Any insurance purchasing decisions, such as coverage amounts, limits and deductibles, are completely and solely your responsibility. Insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your purchased insurance policy and applicable law.
By using the Services to purchase insurance, you declare that all particulars stated in the application process are true and complete to the best of your knowledge and that no information has been withheld or suppressed. You represent that all statements made in the application process and the terms and conditions of the policy in use by the insurer shall be the basis of any contract between you and the insurers. You hereby authorize the insurer to investigate any qualifications stated or other statements made during the application process.
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance 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 that person to criminal and civil penalties.
No Professional Advice
The content and information provided by us through the Services or otherwise, including, but not limited to, coverage descriptions, are for general reference and informational purposes only, and nothing therein shall be construed otherwise. Please refer to the specific insurance policy purchased by you for the specific governing terms and conditions. No content or information provided by us through the Services or otherwise should be construed as legal, accounting or any other professional advice. The posting of any content or information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
If you report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. We reserve the right to request additional information prior to reaching a decision on the claim.
You agree and consent that we may use any Account Information, User Content and any other data in assessing any claim under any applicable policy, regardless of the party at fault. You acknowledge that you must, and agree that you will, preserve the mobile application and all related data on the device and not destroy or discard the mobile application or device. Failure to preserve the mobile application and all related data on the device can result in a denial of any claim.
Limitation on Use
You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, and except as specifically permitted herein, you agree not to (i) sell, license, sublicense, lease, assign, transfer, pledge, or share any of your rights under these Terms with or to any third party; (ii) transfer, distribute, scrap, modify, reproduce, copy, publicly display all or any part of the Services; (iii) refer to the Services by use of framing; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Ahoy or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Services through or use with the Services any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of the Services; (viii) perform any act that destabilizes, interrupts or encumbers the Services or its servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (ix) copy, modify, translate, reverse engineer, decompile, disassemble or make any attempt to discover the source code of the Services and/or any underlying software or create derivative works thereof; (x) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or its servers; or (ix) otherwise violate the Terms.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required to access or using the Services. We reserve all rights with respect to the Services and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Ownership of Proprietary Rights
All right, title, and interest in and to the Services, including any and all Intellectual Property Rights (defined below) therein, are and will remain the exclusive property of Ahoy and its applicable licensors. We reserve all rights not expressly granted in and to the Services. Using the Services does not give you ownership of any intellectual property rights in or to our Services or the content therein (other than your User Content), which shall remain with us and our respective licensors.
You acknowledge that: (i) the Services contains proprietary information, including third party proprietary information, that is protected by law; (ii) we may block, suspend or terminate your use of the Services for your failure to adhere to the Terms; (iii) your ability to use of some features of the Services will cease upon termination of your corresponding insurance policy.
“Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
The use of the Services may require you to submit content such as text, photos, audiovisual content, and other media content (“User Content“).
By providing User Content to us, you are granting us a right and license to use, make available, display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable us to operate the Services. You agree that these rights and licenses are royalty free, worldwide, irrevocable, and include a right for us to make such User Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your User Content to third parties if we determine such access is necessary to comply with our legal obligations.
Submitted Ideas and Feedback
When you submit any ideas, suggestions, feedback, documents and/or proposals relating to the Services (or other products or services) to Ahoy through the Services or through any other channel or mechanism (collectively, “Contributions“), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Ahoy is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Ahoy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Ahoy may have something similar to the Contributions already under consideration or in development; (v) Contributions automatically become the sole property of Ahoy without any obligation of Ahoy to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Ahoy under any circumstances.
By accessing or using the Services, you agree to have all documents and communications, including without limitation the insurance policy, legal notices, bills, billing-related statements, notices, correspondence and documents (collectively, “Documents”) provided to you in electronic form, including without limitation through text messages, emails, etc. This consent applies to all transactions between you and us. Please know that you can easily download, print, or email your insurance documents from your account.
We may use various methods to provide communications to you electronically, including via e-mail or through our website or mobile application. To view communications through our website or mobile application, you may need to log-in to access the information.
There is no ability to withdraw your consent, as we provide all documents electronically, to the extent allowed by law. If you do not want to continue to receive Documents electronically then you may cancel your policy with us. If applicable law or systems limitations prevent us from delivering certain Documents electronically, we will deliver them as allowed by law.
Hardware and Software Requirements
In order to receive, access, view, sign and retain electronic communications that we make available to you, you must have a personal computer, mobile device/phone, or electronic device with internet connectivity, a valid email account, access to an Internet browser and, potentially, Adobe® Reader® software (this software is available for download free of charge at www.adobe.com). If you wish to print documents, you must also have access to a printer. If you want to download and save Documents, you must have sufficient electronic memory on your hard drive or other media storage device.
By using the Services, you acknowledge that you have the minimum hardware and software requirements listed in this section.
Third Parties’ Links, Websites, and Services
The Services may contain links to third-party websites, advertisers, services or special offers that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
Linked Accounts and Social Networking Sites
We may, now or in the future, allow you to link your online account to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you choose to add any Linked Accounts, you do so at your own risk and you are authorizing us to store and use your log-in credentials to access your Linked Account on your behalf as your agent for the purpose of integrating your online account with content and features available through your Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Services to your Linked Accounts. Adding Linked Accounts or accessing or using a third-party service via Linked Accounts may be subject to additional terms established by the applicable third party. It is your sole responsibility to review and comply with those terms.
In connection with the provision of the Services, we may review your credit report or obtain or use a credit-based insurance score, based on information contained in that report. We may use a third party in connection with the development of your insurance score. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures. The information used to develop the insurance score comes from Transunion or Equifax.
If you believe an extraordinary life circumstance has negatively impacted your credit information, you may request, in writing, that the insurer provide reasonable exceptions to its underwriting and/or rating practices. Please contact a service representative at [email protected] for details on qualifying circumstances and how to request an exception.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce the Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
Limitation of Liability
Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AHOY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AHOY DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ALL ERRORS IN THE SERVICES OR UNDERLYING SOFTWARE WILL BE CORRECTED.
ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ACCESS OR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AHOY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, AHOY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF AHOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR IN ANY WAY CONNECTED WITH: (I) THE ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (IV) AHOY’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (V) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (VI) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (VII) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (VIII) ANY OTHER MATTER RELATING TO THE SERVICE.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF EITHER (A) $50, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We reserve the right, in our sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from or in any way related to: (i) your access or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account; (iv) your violation of any applicable law; or (v) your negligence or willful misconduct. This indemnification obligation will survive any termination of these Terms and your use of the Services.
Credit and Credit-Based Information
If you are a first time user, please read the following disclosure:
In connection with the insurance, we may request and review (from a third party consumer reporting agency) your credit report or obtain or use a credit-based insurance score, based on information contained in that report. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures.
If you used our Services before and you wish to renew your policy, please read the following disclosure:
In connection with the insurance, we may have previously requested and reviewed (from a third party consumer reporting agency) your credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures.
Recurring Credit/Debit Card Payments
You understand and agree that we will charge the credit or debit card or bank account you use to purchase an insurance policy. You further understand and agree that we will thereafter automatically charge the same payment method monthly for the monthly premium, or you can pay it in full if such an option is available. If you initiate changes to your insurance policy that result in an increase to your monthly premium, we will charge the same payment method immediately for the pro-rated value of the increase, then resume monthly charges for the new premium amount. We will also automatically charge the same payment method for any subsequent renewals. You may cancel these recurring payments by cancelling your insurance policy through your account.
Information you Submit
All information you submit to us for the purpose of obtaining insurance or changing coverage, and for the purpose of claiming insurance benefits is subject to review and verification. We reserve the right to request additional information prior to binding insurance or reaching a decision on a claim.
Consent and Authority to Obtain Information
Use of The Services by Children
We do not intend to market any products or services to children, do not knowingly collect personal information or make any active effort to collect personal information from children, and do not wish to receive such information. Users of the Services must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
We make no representation that the content on the Services is appropriate or available for use in all locations, and access to or use of the Services from territories where the content on the Services may be illegal, is prohibited. If you choose to access or use the Services from other locations, you do so on your own initiative and you are responsible for compliance with all applicable local laws.
The Terms and all documents incorporated herein by reference constitute the entire agreement between us and you with respect to the Services and supersede any prior understandings or agreements between us and you. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under the Terms do not constitute a waiver of such right or provision.
The Terms and your access or use of the Services are governed in all respects by the laws of the State of Delaware, USA, without giving effect to any principles of conflicts of laws. Any dispute concerning the Terms or the Services shall be subject to the exclusive venue of a court of competent jurisdictions of Delaware, USA.
Modifications to these Terms and Conditions
We reserve the right, at our discretion, to modify these Terms and Conditions from time to time. We encourage you to periodically review these Terms and Conditions for the latest information about our term of use of the Services. Please take a look at the “Last Updated” legend at the top of this page to see when these Terms and Conditions were last revised.
Any changes to these Terms and Conditions will become effective when we post the revised Terms and Conditions on our website. Your access or use of the Services following these changes means that you accept and consent to the revised Terms and Conditions.