Liferaft Risk Technologies Terms of Service

Last updated 07/15/2022


Acceptance

These Terms of Service (these “Terms”) apply to your use of the website available at liferaft.co (together with any successor site, the “Website”) and any content, tools, features and functionality offered on or through the Website and mobile app (including participating in any services or plans we may offer through your employer or an insurance broker) (collectively, the “Services”). By visiting the Website or accessing the Services, or otherwise indicating your agreement to be bound by these Terms, you are acknowledging that you have read, understood, and accept the Terms.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the “Terms” link on the Website. We will also notify you of any material changes as set forth in the section below entitled “Notices”. Continued use of the Services constitutes your acceptance of any revisions to these Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Services.

Definitions

Except in the sections entitled “Consent to Doing Business Electronically for Residents of the District of Columbia and All States”, “Liferaft Risk Technologies” or “Liferaft or “us” or “our” or “we” refers to Liferaft Risk Technologies Inc., Liferaft Insurance, LLC, and each of our affiliates. “You” and “Your” means the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

PLEASE NOTE THAT THE SECTION TITLED “ARBITRATION” CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING AND FINAL INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN THE ARBITRATION AGREEMENT.

Limitations of Use

The Services are intended solely for use by United States residents who are at least 18 years of age and have otherwise reached the age of majority. By using the Services, you represent and warrant that you meet these requirements.

You agree to use the Services only for lawful purposes. You may not use the Services in any way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services is strictly prohibited, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Services. If you are entering into these Terms as an individual, the Service is only for your personal use. If you are entering into these Terms on behalf of an entity, the Service is only for your internal business purposes.

We may change the Services, stop offering products and services through the Services, establish general practices and limits concerning use of the Services, including the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Liferaft’s or its third-party service providers’ servers on your behalf, and/or create usage limits for the Services without prior notice. You agree that Liferaft has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You further acknowledge that Liferaft reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any lawful reason, including if in our sole determination you violate any provision of these Terms, or for no reason if lawfully permitted. Upon any such termination, suspension, or other change you continue to be bound by these Terms. Notwithstanding the foregoing, any such suspension, termination, or other change to the Services shall not be with respect to and shall not affect any products and services, including insurance coverage, you’ve already obtained through the Services prior to the effective date of such suspension, termination or other change.

Collection and Use of Personal Information

Your use of the Services, including your application for the products and services offered through the Services, may involve the transmission to us of certain personally-identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy.

Insurance Products

Eligible individuals may apply for insurance products through the Services. Insurance products are only available to people in those jurisdictions in which they may be legally sold. By applying for insurance products through the Services, you are agreeing to (i) designate us as your agent of record, (ii) authorize us to communicate such designation to any insurance carrier, your prior insurance producer, and any other person or entity we determine should be advised, and (iii) permit us to receive any compensation that any insurance carrier agrees to pay to us in connection with your purchase of insurance products. Each insurance product offered through the Services will be subject to further term and conditions applicable to such policy. By purchasing an insurance product, you agree to the applicable terms and conditions of such a policy and agree that in the event of a conflict between the terms and conditions of such policy and these Terms, the policy’s provisions will control. For information on the insurance-related licenses we hold, please visit Licenses. In addition, though we would like you to give us the opportunity to resolve any complaint you may have about the insurance products offered through the Services, if we are unable to resolve your complaint, you may also report your complaint to the insurance regulator in your state. Contact information for state insurance regulators in the United States may be found at www.naic.org.

We do not provide forms of professional advice of the type that may require additional professional licensing, such as legal, medical, accounting, or tax advice. The Services do not contain and shall not constitute any legal, regulatory, accounting, or tax advice, and you must rely solely upon your own advisors with respect to such advice.

Health Savings Account

If you enroll in a health savings account ("HSA") through Liferaft as may be offered to you by Liferaft, by your employer, or by an insurance broker, then in order to participate in the HSA program and establish your HSA, you will need to complete and submit to us an HSA application process (which includes entering into a custodian/trustee agreement with the custodian bank designated by Liferaft, your employer, or insurance broker, as applicable). Once the application has been reviewed and approved, your HSA will be established and accessible via the Services.

To be eligible to make HSA contributions, you must be covered by a high-deductible health plan ("HDHP") and have no other coverage. An HDHP is a health plan with a minimum deductible set by the IRS that, before that deductible is paid, only covers preventive services. It is your responsibility to ensure you are eligible to make HSA contributions. The IRS sets annual limits on how much can be contributed to your HSA each year. You are solely responsible for making HSA contributions.

Only qualified products and services may be paid from your HSA bank account. As owner of the HSA, you are solely responsible for the completion and submission of all HSA-related tax forms that must be submitted annually to the Internal Revenue Service (“IRS”) and for the accuracy of any information you provide to us in connection with your HSA. Your HSA bank account custodian will send you completed IRS Forms 1099-SA and 5498-SA to report your HSA contributions and disbursements.

No products or services you obtain through an HSA or use of the Services may be sold, bartered, exchanged, resold or otherwise transferred to any person for cash or other consideration. Additionally, you may not return any products or services purchased through your HSA for cash or any other form of consideration except in instances where such products or services are being returned for direct exchange of damaged or defective products or services. Liferaft will not credit or refund your HSA with us or seek a credit or refund on your behalf. If you do receive a refund or credit for payments made from your HSA, you acknowledge and agree that you must return such refunded amounts to your HSA and cannot keep such amounts for your personal use.

Health Reimbursement Agreement

If you are eligible for a health reimbursement arrangement (“HRA”) sponsored by your employer (with Liferaft as a third-party administrator), it will be governed by a plan document, which you can request from your employer. Under an HRA, participants can submit eligible expenses for reimbursement, up to the limit established in the HRA document.

Typically, HRA distributions are funded by the general assets of the employer; no amounts are set aside in a bank, trust or any other accounts. You hereby acknowledge and agree that you do not have any rights or interest in any of your employer’s assets or our assets. Only qualified products and services under IRS guidelines are eligible for reimbursement under an HRA. Liferaft reserves the right to verify that HRA funds are used to pay for eligible products and services you or your eligible dependents purchase or receive during your applicable coverage period. Such verification actions may include requesting supporting information from you and/or your eligible dependents, contacting your and/or your eligible dependents’ medical providers, or taking any other actions which we determine in our reasonable judgment is required in order to verify the eligibility of such purchased products and/or services. You agree to promptly comply with any reasonable requests from us in connection with such verification processes. No products or services you obtain through an HRA or use of the Services may be sold, bartered, exchanged, resold or otherwise transferred to any person for cash or other consideration. Additionally, you may not return any products or services purchased through your HRA for cash or any other form of consideration except in instances where such products or services are being returned for direct exchange of damaged or defective products or services. Liferaft will not credit or refund your HRA account or seek a credit or refund on your behalf. If you do receive a refund or credit for payments made from your HRA account, you acknowledge and agree that you must return such refunded amounts to your HRA account and cannot keep such amounts for your personal use.

Tax Considerations

You acknowledge that (i) the Liferaft’s Services do not constitute banking services, (ii) Liferaft accounts are not insured by any government agency, and (iii) the Services are not subject to banking regulations. Use of certain Services may (but are in no way suggested to or guaranteed to) produce tax savings to you when HSA contributions are deducted from your wages on a pre-tax basis and may not be subject to federal taxes, certain state income taxes, Social Security (FICA), and/or Medicare, and you should consult your tax advisor to determine any tax implications which may arise from your use of the Services.

Misuse of Services

You acknowledge and agree that certain of our offerings (e.g., the HSA and HRA programs) are governed by federal law and may be enforced by certain government agencies. If you refuse to comply with these Terms or provide false or fraudulent statements regarding the products and/or services you purchased under the applicable plan, you acknowledge that in addition to any other legal remedies we, your employer or, or insurance broker may have, you may additionally face disciplinary action from your employer or, the relevant governmental authorities may pursue remedies or actions against you.

Consent to Doing Business Electronically for Residents of the District of Columbia and All States

In connection with the products and services offered through the Services, from time to time you will receive disclosures, notices, documents (including your application and insurance policy, if one is issued) and other information (“Communications”) from us. The benefits of the products and services offered through the Services are available only by conducting business through the Internet, and therefore we need your consent to conduct business electronically. This section informs you of your rights when receiving electronic Communications.

Scope of Consent

You agree that all Communications from us relating to the products and services, including insurance products, offered through the Services may be provided or made available to you electronically by email or at the Services. You further agree that we may accept an electronic signature from you, and that this electronic signature will have the same effect as a physical wet signature and will appear on all records related to the provision of any such products and services. Your consent also applies to all Communications and information that we receive from you. Your consent is voluntary and, if you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below.

Hardware/Software Requirements

To access and retain Communications, you must:

Have access to a computer or mobile device capable of running a current Internet browser;

Have access to Internet service and an email account that can be used to receive and access all Communications;

Be able to view all Communications on a monitor or mobile device through the use of Adobe Reader or similar software and be able to print all such Communications; and

Be able to send and receive emails that contain hyperlinks to websites.

If you are accessing the Services electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access the Services through alternate means that provide you with the ability to print and save the Communications. You acknowledge that you can access the electronic Communications in the designated formats described herein.

Withdrawing Consent

You may withdraw your consent to receive Communications electronically and to use an electronic signature at any time. If you withdraw your consent, from that time forward (i) you will be unable to apply for products and services, including insurance products, through the Website, and (ii) we will be unable to continue to process any pending applications for products and services, including insurance products. To withdraw your consent to do business electronically, please send us a written notice by email ([email protected]) or U.S. Mail (251 Rhode Island Street, Suite 107, San Francisco CA 94103, Attn: Liferaft / Legal).

South Carolina and Michigan Residents

South Carolina and Michigan require us to inform you about the following prior to your agreeing to conduct business with us electronically:

Your consent is voluntary and, if you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below.

You may withdraw your consent to receive Communications electronically and to use an electronic signature at any time.

In connection with the products and services offered through the Services, from time to time you will receive Communications from us.

To request a free paper copy of any Communication you can simply contact Liferaft at [email protected] or at (408) 933-9658.

You may withdraw your consent to do business electronically by sending us a written notice by email ([email protected]) or by U.S. Mail (251 Rhode Island Street, Suite 107, San Francisco CA 94103, Attn: Liferaft / Legal).

You will want to keep us informed of any changes in your email address so that you can continue to receive all Communications without interruption. To notify us of changes in your email address, please send a written notice by email ([email protected]) or by U.S. Mail (251 Rhode Island Street, Suite 107, San Francisco CA 94103, Attn: Liferaft / Legal).

Your Obligations and Authorizations

You do not need to register with us to visit and view the Services. However, to access certain password-protected areas of the Services and to apply for the products and services offered through the Services, you must register for an account. When registering for an account through the Services, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately in the event you become aware of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

In order to access or use certain aspects of the Services, we may need your authorization to (i) collect information provided by you through the Services, including certain personal information, personal health information, signatures, data, passwords, usernames, PINs, and other information, materials, and content necessary for us to provide the products and services offered through the Services to you, and (ii) retrieve and manage information of yours maintained by certain third-party institutions (“Your Data”). Please refer to our Privacy Policy for an explanation of how we may use Your Data.

You represent and warrant that the portion of Your Data you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Services due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. You hereby authorize us to: (i) store Your Data in accordance with applicable laws, and (ii) use any signatures or other materials you provide us in order to provide you the products and services offered through the Services.

Fees and Subscription Plans

To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Liferaft information regarding your credit card or other payment instrument. You represent and warrant to Liferaft that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Liferaft or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree that if you purchase a subscription plan, your plan will automatically renew on a monthly basis and your payment instrument will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. You hereby authorize Liferaft (through the Payment Processor) to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. To avoid future subscription charges, you must cancel your plan days before the beginning of the following calendar month.

If you dispute any charges you must let Liferaft know within sixty (60) days after the date of the charge. We reserve the right to change Liferaft’s prices. If Liferaft does change prices, Liferaft will provide notice of the change through the Services user interface, a pop-up notice, email, or through other reasonable means, at Liferaft’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. [Liferaft may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Liferaft thirty (30) days after the mailing date of the invoice, or the Services may be terminated.] Unpaid fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Liferaft’s net income.

Except as expressly set forth in these Terms, payments for any insurance products and subscription plan are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the applicable product through the end of the subscription period for which payment has already been made.

Notwithstanding any amounts owed to Liferaft hereunder, LIFERAFT DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Services via bank account, credit card, or debit card, we will transmit your payment information to applicable third-party payment processors (each, a “Payment Processor) of our insurance carrier partners. In addition, we use a third-party Payment Processor, Moov Financial, Inc. (“Moov”), to enable members to establish and maintain a Moov Account through which you may link existing Payment Methods to initiate Transactions (collectively, the “Moov Services”). In conjunction with your acceptance of these Terms and your use of the payment functions of the Services, you hereby agree to and accept the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (including the terms of the Moov Platform Agreement, which is hereby incorporated into these Terms, in connection with your use of the Moov Services). You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services. We shall not be responsible or liable to you with respect to any payments you make through the Services or your use of any Moov Services, including any bugs, defects, or issues relating thereto. Capitalized terms used in this section and not otherwise defined herein shall have the meaning set forth in the Moov Platform Agreement.

Prohibited Activities

You agree that you will not: (i) register for an account on behalf of somebody other than yourself, (ii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity, (iii) use or attempt to use another’s account without authorization from that person and us, (iv) copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”, (v) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials), (vi) transmit spam, chain letters, or other unsolicited email, (vii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services, (viii) take any action that may impose an unreasonable or disproportionately large load on our infrastructure, as determined by us, (ix) upload invalid data, viruses, worms, or other software agents through the Services, (vii) collect or harvest any personally identifiable information, including account names, from the Services, (x) use the Services for any commercial solicitation purposes, (xi) use the Services in order to obtain information about us, the Services, or our customers for the purpose of competing with us or otherwise replicating some or all of the Services for any reason, (xii) interfere with the proper working of the Services, (xiii) access any content on the Services through any technology or means other than those provided or authorized by the Services, or (xiv) bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content.

Intellectual Property

Unless otherwise stated, we do not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of our services and products. Any such postings to the Services will be considered non-confidential and non-proprietary, and will remain, our exclusive property. We may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation.

The Services are protected by intellectual property laws. The technology and software underlying the Service or distributed in connection therewith are the property of Liferaft, its affiliates, and its licensors, (collectively, the “Software”). Unless otherwise specified, no person has permission to copy, display, distribute, republish, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in, or create derivative works from any Software or information in any form that is made available through the Services. Any rights not expressly granted herein are reserved by Liferaft. The third party notices and licenses for open source software that we use are available here.

By providing content, we do not allow you to use trademarks referenced in the Services. You may not use meta tags or any other “hidden text” using our name or trademarks without our express written permission. The trademarks, logos, and service marks (the “Marks”) displayed on the Services are our or other third parties’ property. You are prohibited from using any Marks without the express written permission of us or the third party that owns the Marks.

We respect the copyright interests of others. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Liferaft will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that any material contained on the Services may infringe on your copyright, notification of claimed copyright infringement should be emailed to Liferaft’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”) that includes the following: (i) identification of the copyrighted work or other intellectual property claimed to have been infringed or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property, (ii) identification of the allegedly infringing material, (iii) information sufficient to permit us to locate the infringing material, (iv) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law, (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee, (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed, and (vii) your address, telephone number, and email address. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us. Written notice must be sent to us by U.S. mail (251 Rhode Island Street, Suite 107, San Francisco CA 94103, Attn: Liferaft / Legal).

In accordance with the DMCA and other applicable law, Liferaft has adopted a policy of terminating, in appropriate circumstances and at Liferaft’s sole discretion, the accounts of users who are deemed to be repeat infringers. Liferaft may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Special Notice for International Use; Export Controls

Liferaft is headquartered in the United States. If you access or use the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Third Party Practices

This Site contains links to, and services from, other third-party websites that are not maintained by us. Unless otherwise stated, we make no warranties or representations regarding these third-party websites or the products and services offered on them. We also do not control the privacy or security practices of these third-party websites, or the locations where they process data. You should read the privacy and security policies of third-party websites sites, as their practices may differ from ours. In particular, we use certain Google Maps APIs on the Services. The use of these APIs are covered by Google’s Terms of Service.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT IS ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE, OUR AGENTS, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (THE “LIFERAFT PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LIFERAFT PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE LIFERAFT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LIFERAFT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIVE HUNDRED DOLLARS ($100). THE LIFERAFT PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IF YOUR USE OF MATERIALS FROM THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED “DISCLAIMER OF WARRANTIES”, THIS SECTION, AND THE SECTION TITLED “INDEMNIFICATION” BELOW ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY OR ELSEWHERE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnification

To the extent permitted under applicable law, you agree to indemnify and hold harmless Liferaft Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Liferaft Parties in connection with any claim by a third party (including any intellectual property claim) arising out of: (i) materials and content you submit to, post to or transmit through the Services, (ii) your use of the Services, (iii) your breach of these Terms or (iv) your violation of any applicable law or of any rights of another. You further agree that you will cooperate fully in the defense of any such claims. The Liferaft Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the prior written consent of us. You further agree to indemnify and hold harmless the Liferaft Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Services.

Governing Law, Notice of Disputes

These Terms and all other aspects of your use of the Services shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of California, without giving effect to its conflicts of laws rules.

You agree that you will notify us in writing by email ([email protected]) or U.S. Mail (251 Rhode Island Street, Suite 107, San Francisco CA 94103, Attn: Liferaft / Legal) of any claim or dispute concerning or relating to the Services and the information, products and services provided through the Services, and give us a reasonable period of time to address your claim or dispute before bringing any legal action against us.

Arbitration

  1. Agreement to Arbitrate. This section is referred to as the “Arbitration Agreement.” The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Liferaft’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein. You and the Liferaft agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Arbitration Agreement, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
  2. Prohibition of Class and Representative Actions and Non-Individualized Relief. ANY ARBITRATION UNDER THIS ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS – CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, INCLUDING THIS ARBITRATION AGREEMENT, YOU AND THE LIFERAFT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS ARBITRATION AGREEMENT, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND LIFERAFT AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT WRITTEN CONSENT OF ALL AFFECTED PARTIES. NOTWITHSTANDING THE FOREGOING, YOU AND LIFERAFT WILL HAVE THE RIGHT TO BRING AN ACTION IN A COURT OF PROPER JURISDICTION FOR INJUNCTIVE OR OTHER EQUITABLE OR CONSERVATORY RELIEF, OR, IF THE CLAIM RELATES TO INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION. YOU MAY INSTEAD ASSERT YOUR CLAIM IN “SMALL CLAIMS” COURT, BUT ONLY IF YOUR CLAIM QUALIFIES, YOUR CLAIM REMAINS IN SUCH COURT AND YOUR CLAIM REMAINS ON AN INDIVIDUAL, NON-REPRESENTATIVE AND NON-CLASS BASIS. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
  3. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Liferaft will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
  4. Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of your decision to opt-out to the U.S. mailing address listed in the “Contact Us” section of these Terms. The notice must be sent to Liferaft within thirty (30) days of your registering to use the Services or agreeing to these Terms (or if this section is amended thereafter, within 30 days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, Liferaft also will not be bound by them.
  5. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than subsection (b) above 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 expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.

SMS Messaging and Phone Calls

Certain portions of the Services may allow us to contact you via telephone or text messages. By using the Services and providing us with your telephone numbers, you agree that Liferaft, its affiliates or its partners may contact you via telephone or text messages (including on a recorded line, or by an automatic telephone dialing system, automated calling, automated system calling, artificial voice or pre-recorded calling, SMS and/or MMS message, or other similar means (each, a “Communication Service”) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes, even if you even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Communication Service. You understand that you are not required to provide this consent to receive calls or text messages from Liferaft, its affiliates or its partners as a condition of purchasing any of our Services. In the event you no longer wish to receive telephonic or other communications from us, our affiliates or our partners, you agree to notify Liferaft, its affiliates and its partners directly. In the event you change or deactivate your telephone number or email address, you agree to promptly update your account information with us to ensure that your messages are not sent to the person that acquires your old telephone number or email address.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

You also understand that you may opt out of receiving text messages from us at any time by texting the word "STOP" back to us using the mobile device that received the messages or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

Notices

If you have registered for an account through the Services, we will notify you of any material changes to these Terms by using any of the contact information you have provided to us or by posting a message on the Services’ home page. In addition, we will update the “last updated” date at the top of this page.

General Provisions

These Terms shall be subject to any other agreements you have entered into with us. In the event of a conflict between these Terms and any insurance policy issued to you through the Services, the terms of the insurance policy shall control. These Terms supersede any previous Terms to which you and we may have been bound. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms shall remain in full force and effect. You may not assign these Terms without the prior written consent of Liferaft, but Liferaft may assign or transfer these Terms, in whole or in part, without restriction. These Terms will be binding on, inure to the benefit of, and be enforceable against you and us and their respective successors and assigns. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure by us to enforce any of our rights under these Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Notice for California Residents

The owner of this Site is Liferaft Risk Technologies, Inc., 251 Rhode Island Street, Suite 107, San Francisco CA 94103, Attn: Liferaft / Legal. You can reach us by telephone at (408) 933-9658. If you entered into these Terms as an individual (and not on behalf of an entity) and are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them via email at [email protected], in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).

Contact Us

Email

[email protected]

Phone

(888) 977-8080

U.S. Mail

251 Rhode Island Street, Suite 107, San Francisco CA 94103

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