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Thank you for your interest in the products and services of Coterie Applications Inc. a Delaware corporation or Coterie Insurance Agency, LLC, a Delaware limited liability company. Coterie Applications, Inc is the parent company of Coterie Insurance Agency, LLC. All parents, subsidiaries and affiliates may be called collectively “Coterie,” “we,” “us,” or “our” throughout our Terms and Conditions.
The following Terms of Service shall control the use and access of all customers, partners and visitors (collectively, “User(s)”) to our website(s) (the “Site”), our mobile application(s) (the “App”), our “drop-in code” linking to our Site, and/or any other related service we offer (collectively, the “Services”). As a User of our Services, these Terms are a legally binding contract, and you should read them carefully. We also recommend you read our Privacy Policy. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://coterieinsurance.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.
Coterie provides a variety of insurance products and services through its Site, its App, and other means. As a condition of using the Services, you affirm that you are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, waivers, representations and warranties set forth in the Terms, and to abide by and comply with the Terms. You further affirm that you are not under the age of 13, as the Services are not intended to be offered to children under that age. If you are under 13 years of age, then please do not use the Services.
By using or accessing the Services, you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Whether or not identified on the Site or App, Coterie’s products and services may not be available in all areas of the United States. You also may not be eligible for Coterie’s products and services. We reserve the sole right and discretion to determine eligibility. Certain products or services may be subject to specific terms, conditions, representations or agreements as identified on the Site, the App, or elsewhere by Coterie.
We reserve the right to withdraw or amend any part of the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
Coterie may revise and update these Terms from time to time in its sole discretion. Unless stated otherwise, all changes are effective upon notice and apply to all access to and use of the Services. Your continued use of the Services following notice and posting of any revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
You are required to register with Coterie in order to access the Services. It is your responsibility to maintain the security and privacy of your account information, including your username, password, and email identification. You are responsible for any activity that occurs on your account for any reason. If you have reason to believe that your account has been accessed without your authorization, you must notify us immediately at the contact information provided at the beginning of these Terms. For your protection, if we believe that any unauthorized access may occur or has occurred, we may terminate such access without prior notice to you. You also agree that we are permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. 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 Service.
We may make certain insurance products and services (collectively, “Products”) available to purchase for a fee through the Services (“Fees”). If you purchase Product via the Services, applicable Fees and other charges will be disclosed to you on the Services before you complete the purchase, and may include taxes, transaction fees, platform fees, and other charges as are displayed via the Services at the time of payment, and as may be reviewed in your account settings via the Services. If you purchase a Product via the Services, your account with Coterie may include information you provide to us during the insurance application or claims process. By purchasing the selected policy, I affirm that I have thoroughly reviewed all policy attributes, and hereby consent to and agree with all associated policy premiums, fees, taxes, and surcharges. You hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. If you fail to make any payment when due, your use of, access to, or receipt of any corresponding Product may be suspended or terminated, and Coterie may suspend your access to any portion or all of the Services until such amounts are paid in full. You also agree that your purchase of any Product will be made with readily available funds. Purchasing any Product using “premium financing” or similarly secure lending is strictly prohibited.
All Fees and other amounts payable by you under these Terms of Service are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable hereunder, other than any taxes imposed on Coterie’s income.
In some cases, Products may be purchased for annual or other periods of time, and may terminate or be renewed at the end of such annual or other period of time. Where automatic renewal is available for a Product, you may review or configure your preferences for renewal by contacting Coterie or using the tools provided via the Services. Upon renewal of any Product, you will be subject to any may be automatically charged additional Fees and cost. If you do not want a Product to automatically renew and subject you to additional Fees and costs, you must notify Coterie or configure your preferences for renewal prior to the renewal date shown in your account settings via the Services.
The content made available through the Services (the “Content”) is owned by Coterie or its respective licensors. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. The Services and Content should not be construed as rendering tax, legal, investment, or accounting, or insurance advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction involving Coterie or any other party. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy and not the Terms. Accordingly, you are encouraged to review and understand your actual policy documentation prior to making any purchase decision.
All quotes generated by Coterie are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on the Services are general descriptions of available coverages and are not a statement of insurance contract. To obtain coverage you must submit an application to Coterie in the manner we permit. All insurance applications are subject to underwriting approval. Coverages and availability may vary by state; and additional minimum coverage limits may be required in your state.
If we accept your insurance application, we may accept payment via credit card or other electronic payment service (a “Payment Method”). We or our third-party payment processing partner will bill you based on the Payment Method you provide and we accept. All currency references are in U.S. dollars. If the Payment Method you provide is invalid for any reason, or if you chargeback your Payment Method for fees due, we may suspend or terminate any or all of the Products we provide to you. We may automatically charge the Payment Method for recurring premiums or other recurring fees, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. If you do not want to renew any Product and be subject to recurring fees, you must cancel or terminate such Product prior to the renewal date. Your policy is for the term specified in your insurance contract.
If you fail to pay Coterie any undisputed sum when due under the terms of your policy in immediately available funds, then, following these terms of service, your policy, and applicable laws, Coterie may assess a late fee. If you submit payment for the unpaid balance, or a portion thereof, in the form of a check, draft, or money order on any bank or other depository, and the check, draft, or order is not honored by the drawee, bank, or depository, you may be charged a fee which will be added to the unpaid balance.
Overview: The Incentive Program sponsored by Coterie offers Rewards based on criteria detailed in the Incentive Program Flier. The Reward will be awarded after the conclusion of the applicable Program Period based on cumulative sales of Eligible Products, calculated from the start of the Program Period to the end of the Program Period. Eligible Products are detailed in the Incentive Program Flier. Receiving the Reward is contingent upon fulfilling all requirements set forth in the Incentive Program flier. Rewards are paid out to the applicable Channel Partner or Agency based on setup with Coterie during the activation process.
Requirements: The Incentive Program is only open to agents who meet the following requirements: activated and able to sell Coterie products, licensed in the states in which they conduct business, and are in good standing in such states. Participants may need to acquire approval from a Coterie Channel Partner to participate in such Incentive Programs. The Incentive Program flier may include additional requirements to be eligible for participation and Reward.
It is each Participant’s or their authorized representative’s responsibility to review, understand, and comply with the Program requirements, and any gifting or ethics policies from the Participant’s Agency or Channel Partner regarding the Participant’s eligibility to participate in the promotion.
Program Changes: In the event that Coterie is prevented from awarding Rewards or continuing with the Incentive Program by any event beyond its control, Coterie shall have the right to modify, suspend, or terminate the Program. Coterie may disqualify any Participant who is found to be tampering with the Program, acting in violation of these Terms & Conditions, or acting unethically.
Incentive Payouts: In the event of a dispute of the Reward, Coterie will make the final determination. Participants can reach out to their Coterie Account Representative to discuss the results and dispute accordingly. Rewards not claimed will be forfeited. No cash alternative or substitutions will be allowed. If a Reward notification is returned as undeliverable, the Participant may be disqualified. Participants are responsible for any federal, state, local taxes and reporting consequences thereof, and for any other fees or costs associated with claiming the applicable Reward.
Disclaimers: The Incentive Program is in addition to all existing Coterie offerings, all of which shall continue to apply in accordance with their respective terms and conditions. Participation in the Program constitutes Participant’s full and unconditional agreement to Coterie Terms & Conditions. Coterie may utilize a third-party vendor in support of the Incentive Program.
This program and Coterie obligations shall be void in any jurisdiction where prohibited by law. Where an authorized representative has been utilized to review the Program requirements, Coterie disclaims any and all liability and responsibility for disputes arising between an authorized representative and Participant they represented.
Coterie disclaims all warranties, express or implied, regarding the Rewards or Websites in connection with the Incentive Program. The Rewards are provided “AS IS” without any warranty, including but not limited to implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
Terms and Conditions for Fees
These terms and conditions outline the assessment and collection of fees and a fee associated with the use of the Products and Services offered by Coterie Applications, Inc and its associated entities. By accessing or using the Product, you agree to comply with and be bound by these Terms. Not all fees are applicable in all states, and not all fees apply to all types of policies. You hereby grant Coterie the permission to use your Payment Method for completion of any payment of Fees or other charges associated with the Services, and to provide your Payment Method to a third-party for completion of any such payments as may be needed. You agree that Coterie and its third-party payment processor may use your Payment Method both for any current Products, as well as for any subsequently added Products or renewal term of any Products.
1. Late Fee: A late fee may be assessed if payment for the Product is not received by the specified due date. The late fee amount will be up to $10. The late fee will be charged ten days after the failed payment if the outstanding payment has not been received.
2. Fee for Insufficient Funds: If a payment made for the Product is returned due to insufficient funds, a fee for insufficient funds will be applied. The fee for insufficient funds will be up to $25. This fee will be charged for each instance of a returned payment. This fee will be in addition to the late payment if the payment is not made within 10 days.
3. Policy Fee: All new policies will be assessed a one-time policy fee of $50. All policy renewals with an effective date of June 20, 2024 will be assessed a one-time policy fee of $50. Policy fee will be charged upon policy issuance and renewal.
4. Installment Fee: If payment is successfully made for the Product, we will assess a $7 installment fee. This include mid-term premium bearing endorsements.
5. Additional Fees: Charges may apply for other products and services. These fees will be disclosed before policy bind. Fees are non-refundable and subject to compliance with product filings in each state.
6. Payment Obligations: You are responsible for ensuring that all payments for the Product are made in a timely and accurate manner. It is your responsibility to maintain sufficient funds in your account to cover any payments you initiate or recurring payments. You agree to promptly notify Coterie of any changes to your payment by emailing payments@coterieinsurance.com.
7. Waiver and Refunds: Coterie reserves the right to waive or reduce Fees at its discretion. Refunds of Fees will be considered on a case-by-case basis and will be subject to Coterie’s refund policy.
8. Disputes and Resolution: If you believe that a Fee has been assessed in error, you must notify the Company in writing within 30 days of receiving notice of the Fee. Coterie will review the dispute and respond within a reasonable time frame. Failure to notify Coterie of a dispute within the specified time frame may result in the waiver of your right to dispute the Fee.
9. Changes to Fees: Coterie reserves the right to modify the amount of the Fees, the frequency of assessment, or any other aspect of these Terms related to Fees. Any changes to Fees will be communicated to you in advance, and your continued use of the Product following such changes constitutes your acceptance of the modified Terms.
10. Governing Law: These Terms and any disputes arising out of or in connection with the Fees shall be governed by and construed in accordance with the laws of state and federal laws. Any legal action or proceeding related to these Terms or the Fees shall be brought exclusively in the courts located in Delaware.
By using the Product, you acknowledge that you have read, understood, and agree to these Terms related to the assessment and collection of fees. If you do not agree to these Terms, you must cease using the Product.
The Fees and any other charges you may incur in connection with your Products, such as taxes, installment fees, policy fees, late fees, non sufficient fund fees and other costs will be charged to your Payment Method on the date(s) indicated via the Services, and may be reviewed at the time of any purchase or by contacting payments@coterieinsurance.com. If your Payment Method is provided through a third party, additional details related to your payment of fees may be available from the applicable third party. You authorize Coterie to charge any Payment Method associated with your account. You can update your Payment Method by contacting Coterie or using the tools provided via the Services. Following any update to your Payment Method, you authorize Coterie to continue to charge any newly added or modified Payment Method. All payments are final and non-refundable, except as expressly provided by these Terms of Service.
By purchasing an insurance product or service from us through the Services, you agree to accept all records and documents, including the insurance policy, provided to you in electronic form. This consent, unless withdrawn, applies to all transactions between you and Coterie. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at paperdocs@coterieinsurance.com with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form, or both.
You may elect to report an insurance claim via the Services, where available. Any such reporting is subject to the applicable insurance policy. If you have any questions concerning the coverage afforded by your policy, please visit the Coterie support page on the Services or use the contact information provided at the beginning of the Terms.
California Notice
California Policyholders – Consumer Affairs Contact Information
California Department of Insurance
Consumer Hotline: 800-927-4357 (HELP)
300 South Spring Street, 14th Floor
Los Angeles, CA 90013
https://www.insurance.ca.gov/
To the extent you access the Services through a Mobile Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. Coterie may use certain functionality facilitated by your mobile device to improve your experience with our Services. You may disable any aspect of your mobile device – including GPS functionality, push notifications, and other data features and settings – at any time. Disabling certain functions may impair Coterie’s ability to provide certain aspects of the Services, and Coterie is not responsible for any limitation imposed on the Services by your mobile device and/or its settings.
While using the App, you may be subject to certain terms through the Apple, Inc. App Store market and/or the Google, Inc. Google Play market (“App Provider”). You agree to comply with those terms while using the Services. Coterie is not a party to those terms, and is not responsible in any way for any violation of such terms by you while using the Services. Similarly, these Terms are between you and Coterie, and do not involve any App Provider.
You understand that content (including any text, graphic, audio, video, transcripts, log files, or other content) made available or transmitted via the Services by a User or generated in connection with your use of or access to the Services (“User Content”), whether privately transmitted or made publicly available, is the sole responsibility of the User who generated such User Content. You, not Coterie, are responsible for all User Content that you transmit via, make available on, or is generated in connection with your use of or access to the Services. In no event will we be liable in any way for User Content.
User Content generated by other users is provided to you AS IS. You may access and use such User Content solely as intended through the provided functionality of the Services and as permitted under the Terms. Unless otherwise permitted under these Terms, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content generated by another User for any other purposes without the prior written consent of Coterie and the respective owners and licensors of the User Content.
With respect to User Content you make available or transmit via the Services, to the extent permitted by law and consistent with our Privacy Policy, you grant us an irrevocable, non-exclusive, perpetual, royalty-free, worldwide license to use, display, copy, distribute, modify, make derivative works of, sell, and import the User Content in connection with the products and services owned, licensed or developed by Coterie and our licensors.
The following content standards (“Content Standards”) apply to any and all User Content and use of the Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
We have the right to:
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 anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COTERIE 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.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services may contain advertisements. In consideration for Coterie letting you access and use the Services, you agree that we and our third party partners may place advertising on the Services. Because the Services contain User Content, advertising may sometimes appear on your content and/or other Users’ Content.
By providing your email, phone number, or other contact information to the Services for the purpose of receiving certain communications from or related to the Services, you consent to receiving such communications from Coterie, which may include automated emails, electronic messages, or other electronic communications, may include automated voice calls, and may include other similar communications. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe from any such communications at any time by updating your account settings and/or following the instructions provided with such communication (e.g., by clicking an “Unsubscribe” link in an email, or by replying STOP to a text message). To unsubscribe to text messages regarding your claims payment, reply STOP to 63539. You can also contact claims@coterieinsurance.com for any questions regarding your claim. For additional information, view our Privacy Policy.
Coterie is not responsible for any technical issues with your use of the Services related to unavailability or interruptions of the Services for any reason. You may report technical problems by emailing us at the contact information provided at the beginning of these Terms. Coterie is not responsible for fixing any technical issue submitted or discovered.
These Terms do not create a partnership or agency relationship between Coterie and any User. Users do not have authority to enter into written or oral (whether implied or express) contracts on behalf of Coterie. Even where a User links to Coterie’s Services and/or promotes Coterie’s Services on its platform(s), such activities shall not confer any authority to bind or otherwise solicit contracts on behalf of Coterie; nor shall any User be entitled to any compensation or remuneration for engaging in such activities.
The Services may link to or may be accessed in connection with external sites, and may connect you with third party services and/or content. These links or the ability to access other external sites from the Service are provided for your convenience only and do not constitute an endorsement by Coterie of such sites or their content, products, services or other materials. You access such external sites at your own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from external sites. Coterie has no control over the content of any external sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them – this includes any content on external sites that make representations or warranties about Coterie’s Services, to which Coterie shall not be bound. If you decide to access any external sites linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such external sites. You agree to hold Coterie harmless from any loss or liability that may result from the use of any links or access to external sites that may appear on the Service.
In accessing and using the Services, you agree to abide by the following rules, restrictions and limitations. You are solely responsible for your conduct and for your communications and interactions with other Users and with Coterie. Coterie is not responsible for any dispute that may arise between Users while using the Services.
a. You shall not access or use the Services for any unlawful purpose, or for any use or purpose not intended by Coterie;
b. You will not use the Services in any way that could interfere with, disrupt, negatively affect, or inhibit other Users from using the Services, or that could damage, disable, overburden or impair the functioning of the Services;
c. You will not use the Services in violation of any law, including traffic laws;
d. You will not abuse, harass, impersonate, intimidate or threaten any User or any Coterie employee, agent, or vendor;
e. You will not use the Services to contact, advertise to, solicit, or sell any product or service to any User without express consent from Coterie and any such User;
f. You will not post or transmit any content of any kind using the Services that links to marketing schemes or solicitation of other products or services without Coterie’s express consent;
g. You will not use any data mining software, robots, spiders or similar data gathering and extraction tools to access, acquire, copy, monitor, retrieve, index, “scrape,” “data mine,” or in any way gather content or data from the Services or otherwise circumvent the navigational structure or presentation of the Services;
h. You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear GIFs, single pixel GIFs, pixel tags, web beacons, action tags, web bugs, cookies, or other similar devices;
i. You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
j. You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the Services;
k. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Services;
l. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained within the Services; and,
m. You will not encourage or promote any activity that violates these Terms.
Coterie reserves the right to terminate your use of the Services at any time, for any reason, in its sole discretion, and without notice. Coterie also reserves the right to demand the removal of any marks or other intellectual property, including drop-in code or other approved link, from your website or other platform(s). In addition to suspension and/or termination of your use of the Services, nothing in these Terms shall preclude or prohibit Coterie from pursuing any other remedy available at law or equity in connection with your use of the Services.
Coterie reserves the right to access, read, preserve, and disclose any information new reasonably believe is necessary to do any of the following: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these 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.
a. You hereby grant to Coterie a non-exclusive, royalty-free, fully paid-up, right and license to use your data for the purposes of providing you with the Services. You represent and warrant that you are the exclusive owner of your data or have all rights and licenses necessary to grant the rights to your data that you have granted to Coterie in these Terms without the need to obtain any third-party consents or permissions.
b. The Services (including the underlying technology, code, systems and software comprising the Site and the App) are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, and solely for so long as you are permitted by Coterie to access and use the Services, Coterie grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicenseable right to access and use the Services for private, personal, non-commercial use. Unless expressly granted to you in these Terms, Coterie and its licensors reserve and retain all right, title and interest (including all intellectual property rights) in and to: (i) the Services; and (ii) the technology, code, systems and software used to provide the Services. This includes software that we may provide you to integrate into your website or platform, or other software we make available to download, including updates and new features added to the software. You shall not circumvent or disable any content protection system or digital rights management technology used in the Services or take any other action in contravention of any intellectual property right of Coterie with respect to the Services and any other products, services, marks, copyrights, patents and/or trade secrets of Coterie. Notwithstanding anything in these Terms, Coterie at all times and in all forms retains full, exclusive and complete ownership of the Services.
c. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses, and such software is not licensed under these Terms and is instead separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with all such license agreements.
d. You further understand and agree that Coterie owns and has the right to collect, extract, compile, synthesize, analyze and use aggregate data and usage data, without a duty of accounting to you or any User, consistent with our Privacy Policy.
We welcome feedback from our customers. Should you wish to provide comments, suggestions, ideas, or other feedback (collectively “Feedback”), you may do so at the contact information provided at the beginning of these Terms, or in any other form facilitated by the Coterie and/or its Services. You understand and acknowledge that your Feedback is voluntary, and Coterie may use such Feedback in any way it sees fit. Coterie shall not owe you any duty with respect to your Feedback, and you hereby relinquish any right in such Feedback, and you hereby assign to Coterie all right, title, and interest in, and Coterie is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Coterie is not required to use any Feedback. Coterie may use, display, modify, make derivative works, sell, and/or transfer such Feedback at its sole discretion.
a. Copyright Policy. Coterie takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Coterie Site or App infringe your copyright, you may request removal of those materials (or access to them) by submitting written notice to our Copyright Agent designated below.
b. Notice to Coterie. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or App, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in the DMCA Notice is accurate; and (vi) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site or App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
c. Copyright Agent. DMCA Notices must be delivered to our designated Copyright Agent:
Coterie Insurance Agency, LLC
Attn: Copyright Agent
4455 Carver Woods Drive, Suite 100
Cincinnati, Ohio 45242
marketing@coterieinsurance.com
COTERIE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. COTERIE MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. COTERIE DOES NOT WARRANT THAT THE USE OF YOUR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COTERIE EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. COTERIE FURTHER DOES NOT WARRANT THAT: (A) THE SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE SITE OR APP WILL BE CORRECTED. COTERIE IS NOT LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR APP, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE SITE OR APP, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE SITE OR APP BY ANY THIRD PARTY. COTERIE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON ITS SITE OR APP.
COTERIE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SITE OR THE APP. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COTERIE WILL BE RESPONSIBLE FOR.
ALL THIRD PARTY MATERIAL AND THIRD PARTY SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTIES OF ANY KIND. COTERIE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN OUR GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL OR THIRD PARTY SERVICES, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.
a. COTERIE IS IN NO EVENT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY PORTION THEREOF, EVEN IF COTERIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, COTERIE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO ONE HUNDRED DOLLARS (USD$100.00).
b. WAIVER OF TRIAL BY JURY. BY ENTERING INTO THIS AGREEMENT, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. YOU CERTIFY AND ACKNOWLEDGE THAT BY ACCESSING AND USING THE SITE OR THE APP THAT YOU MAKE THIS WAIVER KNOWINGLY AND VOLUNTARILY. IF YOU DO NOT AGREE TO SUCH WAIVER, YOU SHOULD NOT USE THE SERVICES.
c. California Residents. If you are now, or at any time during your use of the Site or the App, a California resident, you hereby waive California Civil Code Section 1542, which 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.”
d. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the extent permitted by law, you will indemnify, defend, and hold harmless Coterie, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all liabilities or losses of any kind arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against an Indemnified Party relating to: (a) your use of the Services, including any payment obligations incurred through receipt of any Services; (b) failure to comply with these Terms by you or your agents; (c) failure to comply with applicable law by you or your agents; (d) negligence, willful misconduct, or fraud by you or your agents; or (e) violation of privacy rights or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents.
Our Services are hosted in the United States. If you are using or accessing the Services from outside the United States or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your use of the Services, which are governed by United States law, you are transferring information to and from the United States and you consent to that transfer.
The laws of the State of Ohio and applicable United States law govern these Terms and matters arising out of or relating to the Services, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts venued in Hamilton County, Ohio for the purpose of any suit, action, or other proceeding arising out of or based upon this Policy, your access to or your use of the Services, which courts are the exclusive forum for any such suit, action, or other proceeding.
These Terms are not intended to change or affect any separate agreement or contract that you may have with Coterie. However, with respect to the Services, these Terms constitute the entire agreement between us with respect to anything related to the Services and your use of the Services. No failure to act on any right by Coterie shall constitute a further continuing waiver of the same. You have no right to assign any rights under these Terms, but Coterie may transfer and/or assign any rights under these Terms without limitation and without notice or consent from you.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. If a court or arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to achieving the purpose of the invalid or unenforceable term or provision, and the parties agree that these Terms shall be enforceable as so modified.
By using or accessing the Services, you acknowledge that you have reviewed, understood, and accept these Terms of Service, including those aspects of the Terms of Service related to the availability of our products and services, eligibility for such products and services, collection of information, use of information, security of information, and/or privacy of information as identified in the Terms of Service and/or in our Privacy Policy, which is incorporated by reference.
Coterie Insurance values the importance of providing accessible products and services.
Coterie Insurance cares about all of our agents, partners, and customers and is committed to facilitating and improving the accessibility and usability of our website ensuring that our services and content are accessible to persons with disabilities.
If you have any questions or concerns about the accessibility of any particular web page on the website, please contact us at: peopleoperations@coterieinsurance.com
If you encounter an accessibility issue, please be sure to specify the web page and nature of the issue and we will make all reasonable efforts to make that page or the information contained therein accessible for you. Thank you for visiting.
Please be aware that our efforts to maintain accessibility and usability are ongoing. While we strive to make the website as accessible as possible some issues may be encountered by different assistive technology as the range of assistive technology is wide and varied. We appreciate your understanding.
By agreeing to these terms, you acknowledge and consent to the collection and use of your National Producer Number (NPN) to gather licensing data from the Producer Database (PDB) via the National Insurance Producer Registry (NIPR). This information will be securely stored and tracked for the purposes of verifying your eligibility to operate in each state and line of business, monitoring compliance with applicable regulations, and ensuring the validity and accuracy of your licensing status.
When necessary, Coterie may order reports through various vendors that validate or provide information on your producer licensing status, including insurance regulatory matters and reports relating to your financial/credit and/or criminal background. These reports may include “consumer reports” from a “consumer reporting agency” (CRA), as such terms are defined under the Fair Credit Reporting Act (FCRA). Coterie will obtain written authorization from the Producer prior to requesting any consumer reports from a vendor.
By providing your NPN during the Coterie Producer Activation process and signing the Producer or Agency Agreement to solidify your relationship with Coterie, you affirm your understanding and acceptance of the utilization of your NPN and acknowledge that Coterie may request written authorization to order a consumer report. At any time, you may reach out to Coterie at producers@coterieinsurance.com with questions or request for Coterie to no longer track your NPN, or refuse authorization to request the consumer reports.
A Summary of Your Rights Under the Fair Credit Reporting Act (FCRA) can be found by visiting: https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0096-fair-credit-reporting-act.pdf. For more information on the FCRA and additional rights, please visit www.consumerfinance.gov/learnmore.
Coterie provides a variety of products and services through its Site, its App, and other means. As a condition of using the Services, you affirm that you are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, waivers, representations and warranties set forth in the Terms, and to abide by and comply with the Terms. You further affirm that you are not under the age of 13, as the Services are not intended to be offered to children under that age. If you are under 13 years of age, then please do not use the Services.
By using or accessing the Services, you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Whether or not identified on the Site or App, Coterie’s products and services may not be available in all areas of the United States. You also may not be eligible for Coterie’s products and services. We reserve the sole right and discretion to determine eligibility. Certain products or services may be subject to specific terms, conditions, representations or agreements as identified on the Site, the App, or elsewhere by Coterie.
We reserve the right to withdraw or amend any part of the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
Coterie may revise and update these Terms from time to time in its sole discretion. Unless stated otherwise, all changes are effective upon notice and apply to all access to and use of the Services. Your continued use of the Services following notice and posting of any revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
You are required to register with Coterie in order to access the Services. It is your responsibility to maintain the security and privacy of your account information, including your username, password, and email identification. You are responsible for any activity that occurs on your account for any reason. If you have reason to believe that your account has been accessed without your authorization, you must notify us immediately at the contact information provided at the beginning of these Terms. For your protection, if we believe that any unauthorized access may occur or has occurred, we may terminate such access without prior notice to you. You also agree that we are permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. 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 Service.
We may make certain products and services (collectively, “Products”) available to purchase through the Services (“Fees”). If you purchase a Product via the Services, applicable charges will be disclosed to you on the Services before you complete the purchase, and may include taxes, fees, and other charges as are displayed via the Services at the time of payment, and as may be reviewed in your account settings via the Services. If you purchase a Product via the Services, your account with Coterie may include information you provide to us during the insurance application or claims process. By purchasing the selected policy, I affirm that I have thoroughly reviewed all policy attributes, and hereby consent to and agree with all associated policy premiums, fees, taxes, and surcharges. You hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. If you fail to make any payment when due, your use of, access to, or receipt of any corresponding Product may be suspended or terminated, and Coterie may suspend your access to any portion or all of the Services until such amounts are paid in full. You also agree that your purchase of any Product will be made with readily available funds. Purchasing any Product using “premium financing” or similarly secure lending is strictly prohibited.
All Fees and other amounts payable by you under these Terms of Service are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable hereunder, other than any taxes imposed on Coterie’s income.
In some cases, Products may be purchased for annual or other periods of time, and may terminate or be renewed at the end of such annual or other period of time. Where automatic renewal is available for a Product, you may review or configure your preferences for renewal by contacting Coterie or using the tools provided via the Services. Upon renewal of any Product, you will be subject to any may be automatically charged additional Fees and cost. If you do not want a Product to automatically renew and subject you to additional Fees and costs, you must notify Coterie or configure your preferences for renewal prior to the renewal date shown in your account settings via the Services.
Payments
If we accept your request for the Product or Service, we may accept payment via credit card or other electronic payment service (a “Payment Method”). We or our third-party payment processing partner will bill you based on the Payment Method you provide and we accept. All currency references are in U.S. dollars. If the Payment Method you provide is invalid for any reason, or if you chargeback your Payment Method for amounts due, we may suspend or terminate any or all of the Products we provide to you. We may automatically charge the Payment Method for recurring charges or other recurring fees, the amount of which may change depending on policy changes you initiate and other factors. If you do not want to renew any Product and be subject to recurring fees, you must cancel or terminate such Product prior to the renewal date.
If you fail to pay Coterie any undisputed sum when due under the terms of your policy in immediately available funds, then, following these terms of service, your policy, and applicable laws, Coterie may assess a late fee. If you submit payment for the unpaid balance, or a portion thereof, in the form of a check, draft, or money order on any bank or other depository, and the check, draft, or order is not honored by the drawee, bank, or depository, you may be charged a fee which will be added to the unpaid balance.
Electronic Records
By purchasing a product or service from us through the Services, you agree to accept all records and documents provided to you in electronic form. This consent, unless withdrawn, applies to all transactions between you and Coterie. However, you have the right to receive communications from us in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at paperdocs@coterieinsurance.com with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal.
To the extent you access the Services through a Mobile Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. Coterie may use certain functionality facilitated by your mobile device to improve your experience with our Services. You may disable any aspect of your mobile device – including GPS functionality, push notifications, and other data features and settings – at any time. Disabling certain functions may impair Coterie’s ability to provide certain aspects of the Services, and Coterie is not responsible for any limitation imposed on the Services by your mobile device and/or its settings.
While using the App, you may be subject to certain terms through the Apple, Inc. App Store market and/or the Google, Inc. Google Play market (“App Provider”). You agree to comply with those terms while using the Services. Coterie is not a party to those terms, and is not responsible in any way for any violation of such terms by you while using the Services. Similarly, these Terms are between you and Coterie, and do not involve any App Provider.
You understand that content (including any text, graphic, audio, video, transcripts, log files, or other content) made available or transmitted via the Services by a User or generated in connection with your use of or access to the Services (“User Content”), whether privately transmitted or made publicly available, is the sole responsibility of the User who generated such User Content. You, not Coterie, are responsible for all User Content that you transmit via, make available on, or is generated in connection with your use of or access to the Services. In no event will we be liable in any way for User Content.
User Content generated by other users is provided to you AS IS. You may access and use such User Content solely as intended through the provided functionality of the Services and as permitted under the Terms. Unless otherwise permitted under these Terms, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content generated by another User for any other purposes without the prior written consent of Coterie and the respective owners and licensors of the User Content.
With respect to User Content you make available or transmit via the Services, to the extent permitted by law and consistent with our Privacy Policy, you grant us an irrevocable, non-exclusive, perpetual, royalty-free, worldwide license to use, display, copy, distribute, modify, make derivative works of, sell, and import the User Content in connection with the products and services owned, licensed or developed by Coterie and our licensors.
The following content standards (“Content Standards”) apply to any and all User Content and use of the Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
We have the right to:
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 anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COTERIE 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.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Coterie Manage My Risk Program (“Program”) is designed to provide guidance and recommendations for minimizing the risk of loss, accidents, and damage to property. The Program is advisory only. Coterie assumes no responsibility for the management or control of customer loss control or risk management activities, for the implementation of recommended corrective measures, or identifying all potential hazards. Coterie has not tried to identify all exposures. We do not warrant that this information is consistent with Coterie or our fronting carriers’ underwriting guidelines or with any federal, state or local law, regulation or ordinance. Please refer to the appropriate government authority for interpretation or clarification. We maintain no affiliations with third-party consultants or firms that may be recommended from this advisory service, and do not endorse any of their services.
By participating in or following the Program, you acknowledge and agree to the following:
By participating in or following the Program, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this disclaimer. If you do not agree with these terms, please do not use the Program or its recommendations.
The Services may contain advertisements. In consideration for Coterie letting you access and use the Services, you agree that we and our third party partners may place advertising on the Services. Because the Services contain User Content, advertising may sometimes appear on your content and/or other Users’ Content.
By providing your email, phone number, or other contact information to the Services for the purpose of receiving certain communications from or related to the Services, you consent to receiving such communications from Coterie, which may include automated emails, electronic messages, or other electronic communications, may include automated voice calls, and may include other similar communications. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe from any such communications at any time by updating your account settings and/or following the instructions provided with such communication (e.g., by clicking an “Unsubscribe” link in an email, or by replying STOP to a text message). For additional information, view our Privacy Policy.
Coterie is not responsible for any technical issues with your use of the Services related to unavailability or interruptions of the Services for any reason. You may report technical problems by emailing us at the contact information provided at the beginning of these Terms. Coterie is not responsible for fixing any technical issue submitted or discovered.
These Terms do not create a partnership or relationship between Coterie and any User. Users do not have authority to enter into written or oral (whether implied or express) contracts on behalf of Coterie. Even where a User links to Coterie’s Services and/or promotes Coterie’s Services on its platform(s), such activities shall not confer any authority to bind or otherwise solicit contracts on behalf of Coterie; nor shall any User be entitled to any compensation or remuneration for engaging in such activities.
The Services may link to or may be accessed in connection with external sites, and may connect you with third party services and/or content. These links or the ability to access other external sites from the Service are provided for your convenience only and do not constitute an endorsement by Coterie of such sites or their content, products, services or other materials. You access such external sites at your own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from external sites. Coterie has no control over the content of any external sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them – this includes any content on external sites that make representations or warranties about Coterie’s Services, to which Coterie shall not be bound. If you decide to access any external sites linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such external sites. You agree to hold Coterie harmless from any loss or liability that may result from the use of any links or access to external sites that may appear on the Service.
In accessing and using the Services, you agree to abide by the following rules, restrictions and limitations. You are solely responsible for your conduct and for your communications and interactions with other Users and with Coterie. Coterie is not responsible for any dispute that may arise between Users while using the Services.
a. You shall not access or use the Services for any unlawful purpose, or for any use or purpose not intended by Coterie;
b. You will not use the Services in any way that could interfere with, disrupt, negatively affect, or inhibit other Users from using the Services, or that could damage, disable, overburden or impair the functioning of the Services;
c. You will not use the Services in violation of any law, including traffic laws;
d. You will not abuse, harass, impersonate, intimidate or threaten any User or any Coterie employee, agent, or vendor;
e. You will not use the Services to contact, advertise to, solicit, or sell any product or service to any User without express consent from Coterie and any such User;
f. You will not post or transmit any content of any kind using the Services that links to marketing schemes or solicitation of other products or services without Coterie’s express consent;
g. You will not use any data mining software, robots, spiders or similar data gathering and extraction tools to access, acquire, copy, monitor, retrieve, index, “scrape,” “data mine,” or in any way gather content or data from the Services or otherwise circumvent the navigational structure or presentation of the Services;
h. You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear GIFs, single pixel GIFs, pixel tags, web beacons, action tags, web bugs, cookies, or other similar devices;
i. You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
j. You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the Services;
k. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Services;
l. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained within the Services; and,
m. You will not encourage or promote any activity that violates these Terms.
Coterie reserves the right to terminate your use of the Services at any time, for any reason, in its sole discretion, and without notice. Coterie also reserves the right to demand the removal of any marks or other intellectual property, including drop-in code or other approved link, from your website or other platform(s). In addition to suspension and/or termination of your use of the Services, nothing in these Terms shall preclude or prohibit Coterie from pursuing any other remedy available at law or equity in connection with your use of the Services.
Coterie reserves the right to access, read, preserve, and disclose any information new reasonably believe is necessary to do any of the following: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these 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.
a. You hereby grant to Coterie a non-exclusive, royalty-free, fully paid-up, right and license to use your data for the purposes of providing you with the Services. You represent and warrant that you are the exclusive owner of your data or have all rights and licenses necessary to grant the rights to your data that you have granted to Coterie in these Terms without the need to obtain any third-party consents or permissions.
b. The Services (including the underlying technology, code, systems and software comprising the Site and the App) are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, and solely for so long as you are permitted by Coterie to access and use the Services, Coterie grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicenseable right to access and use the Services for private, personal, non-commercial use. Unless expressly granted to you in these Terms, Coterie and its licensors reserve and retain all right, title and interest (including all intellectual property rights) in and to: (i) the Services; and (ii) the technology, code, systems and software used to provide the Services. This includes software that we may provide you to integrate into your website or platform, or other software we make available to download, including updates and new features added to the software. You shall not circumvent or disable any content protection system or digital rights management technology used in the Services or take any other action in contravention of any intellectual property right of Coterie with respect to the Services and any other products, services, marks, copyrights, patents and/or trade secrets of Coterie. Notwithstanding anything in these Terms, Coterie at all times and in all forms retains full, exclusive and complete ownership of the Services.
c. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses, and such software is not licensed under these Terms and is instead separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with all such license agreements.
d. You further understand and agree that Coterie owns and has the right to collect, extract, compile, synthesize, analyze and use aggregate data and usage data, without a duty of accounting to you or any User, consistent with our Privacy Policy.
We welcome feedback from our customers. Should you wish to provide comments, suggestions, ideas, or other feedback (collectively “Feedback”), you may do so at the contact information provided at the beginning of these Terms, or in any other form facilitated by the Coterie and/or its Services. You understand and acknowledge that your Feedback is voluntary, and Coterie may use such Feedback in any way it sees fit. Coterie shall not owe you any duty with respect to your Feedback, and you hereby relinquish any right in such Feedback, and you hereby assign to Coterie all right, title, and interest in, and Coterie is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Coterie is not required to use any Feedback. Coterie may use, display, modify, make derivative works, sell, and/or transfer such Feedback at its sole discretion.
a. Copyright Policy. Coterie takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Coterie Site or App infringe your copyright, you may request removal of those materials (or access to them) by submitting written notice to our Copyright Agent designated below.
b. Notice to Coterie. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or App, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in the DMCA Notice is accurate; and (vi) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site or App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
c. Copyright Agent. DMCA Notices must be delivered to our designated Copyright Agent:
Coterie Applications, Inc
Attn: Copyright Agent
4455 Carver Woods Drive, Suite 100
Cincinnati, Ohio 45242
marketing@coterieinsurance.com
COTERIE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. COTERIE MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. COTERIE DOES NOT WARRANT THAT THE USE OF YOUR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COTERIE EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. COTERIE FURTHER DOES NOT WARRANT THAT: (A) THE SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE SITE OR APP WILL BE CORRECTED. COTERIE IS NOT LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR APP, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE SITE OR APP, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE SITE OR APP BY ANY THIRD PARTY. COTERIE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON ITS SITE OR APP.
COTERIE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SITE OR THE APP. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COTERIE WILL BE RESPONSIBLE FOR.
ALL THIRD PARTY MATERIAL AND THIRD PARTY SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTIES OF ANY KIND. COTERIE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN OUR GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL OR THIRD PARTY SERVICES, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.
a. COTERIE IS IN NO EVENT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY PORTION THEREOF, EVEN IF COTERIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, COTERIE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO ONE HUNDRED DOLLARS (USD$100.00).
b. WAIVER OF TRIAL BY JURY. BY ENTERING INTO THIS AGREEMENT, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. YOU CERTIFY AND ACKNOWLEDGE THAT BY ACCESSING AND USING THE SITE OR THE APP THAT YOU MAKE THIS WAIVER KNOWINGLY AND VOLUNTARILY. IF YOU DO NOT AGREE TO SUCH WAIVER, YOU SHOULD NOT USE THE SERVICES.
c. California Residents. If you are now, or at any time during your use of the Site or the App, a California resident, you hereby waive California Civil Code Section 1542, which 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.”
d. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the extent permitted by law, you will indemnify, defend, and hold harmless Coterie, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all liabilities or losses of any kind arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against an Indemnified Party relating to: (a) your use of the Services, including any payment obligations incurred through receipt of any Services; (b) failure to comply with these Terms by you or your agents; (c) failure to comply with applicable law by you or your agents; (d) negligence, willful misconduct, or fraud by you or your agents; or (e) violation of privacy rights or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents.
Our Services are hosted in the United States. If you are using or accessing the Services from outside the United States or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your use of the Services, which are governed by United States law, you are transferring information to and from the United States and you consent to that transfer.
The laws of the State of Ohio and applicable United States law govern these Terms and matters arising out of or relating to the Services, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts venued in Hamilton County, Ohio for the purpose of any suit, action, or other proceeding arising out of or based upon this Policy, your access to or your use of the Services, which courts are the exclusive forum for any such suit, action, or other proceeding.
These Terms are not intended to change or affect any separate agreement or contract that you may have with Coterie. However, with respect to the Services, these Terms constitute the entire agreement between us with respect to anything related to the Services and your use of the Services. No failure to act on any right by Coterie shall constitute a further continuing waiver of the same. You have no right to assign any rights under these Terms, but Coterie may transfer and/or assign any rights under these Terms without limitation and without notice or consent from you.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. If a court or arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to achieving the purpose of the invalid or unenforceable term or provision, and the parties agree that these Terms shall be enforceable as so modified.
By using or accessing the Services, you acknowledge that you have reviewed, understood, and accept these Terms of Service, including those aspects of the Terms of Service related to the availability of our products and services, eligibility for such products and services, collection of information, use of information, security of information, and/or privacy of information as identified in the Terms of Service and/or in our Privacy Policy, which is incorporated by reference.
Accessibility
Coterie values the importance of providing accessible products and services.
Coterie cares about all of our agents, partners, and customers and is committed to facilitating and improving the accessibility and usability of our website ensuring that our services and content are accessible to persons with disabilities.
If you have any questions or concerns about the accessibility of any particular web page on the website, please contact us at: marketing@coterieinsurance.com
If you encounter an accessibility issue, please be sure to specify the web page and nature of the issue and we will make all reasonable efforts to make that page or the information contained therein accessible for you. Thank you for visiting.
Disclaimer
Please be aware that our efforts to maintain accessibility and usability are ongoing. While we strive to make the website as accessible as possible some issues may be encountered by different assistive technology as the range of assistive technology is wide and varied. We appreciate your understanding.
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