COTERIE TERMS OF SERVICE
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.
2. Changes to terms
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.
3. Account Information
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.
a. Online Purchases
We may make certain insurance products and services available to purchase for a fee through the Services. If you purchase an insurance product via the Services, charges will be disclosed to you on the Services before you complete the purchase. If you purchase an insurance product or service via the Services, your account with Coterie may include information you provide to us during the insurance application or claims process. You hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
b. Content; No Advice
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. We or our third party payment processing partner will bill you based on the information you provide and we accept. All currency references are in U.S. dollars. If the credit card or other payment information you provide is invalid for any reason, or if you charge back your credit card or other payment mechanism for fees due, we may suspend or terminate any or all of the services and products we provide to you. We may automatically charge the card or other payment mechanism 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. Your policy is for the term specified in your insurance contract.
e. Electronic Records
By purchasing an insurance product 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 email@example.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.
f. Insurance Claims
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.
5. Mobile Device Access
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.
6. User Content
You understand that content (including any text, graphic, audio, video, transcripts, log files, or other content) made available or transmitted via the Applications 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.
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.
8. Technical Problems
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.
10. Links to other sites
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. 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. 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.
13. Disclosure Notice
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.
14. Intellectual Property
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, 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, systems and software used to provide the Services. This includes software that we may provide you 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.
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 grant Coterie an irrevocable, perpetual, non-exclusive license without being entitled to any compensation of any kind whatsoever. Coterie may use, display, modify, make derivative works, sell, and/or transfer such Feedback at its sole discretion.
16. Copyright Policy
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
7817 Cooper Road, Suite B
Cincinnati, Ohio 45242
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, EXPRESSOR 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.
18. Waiver, Release, and Limitation of Liability
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.”
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.
20. Governing Law
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.
21. Other agreements; assignment
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.
23. Acceptance of Terms