Last updated 08/30/2021
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. Continued use of the Services constitutes your acceptance of any revisions to these Terms.
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.
Please note that the Section titled “Miscellaneous- Governing Law and Arbitration” contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in the Section titled “Miscellaneous- Governing Law and Arbitration”.
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.
We may change the Services, stop offering products and services through the Services, or create usage limits for the Services without prior 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, 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.
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.
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. Your are solely responsibile for making HSA contributions.
Only qualified products and services may be paid from your HSA bank account. As owner of the HSA, yo uare 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. iferaft 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.
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.
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.
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.
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.
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.
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.
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 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).
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.
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.
You agree that if you purchase a subscription plan, your plan will automatically renew on a monthly basis and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your plan days before the beginning of the following calendar month:
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.
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.
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. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from any information in any form that is made available through the Services. 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. If you believe that any material contained on the Services may infringe on your copyright, you must provide us notice in writing of the following: (i) identification of the copyrighted work claimed to have been infringed, (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, and (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. 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).
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.
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.
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 damages of any kind arising from your use of the Services, your inability to use the Services, or circumstances beyond our control, including, but not limited to direct, indirect, incidental, punitive and consequential damages, even if the Liferaft Parties are expressly advised of the possibility of such damages. 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.
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. 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.
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, to 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
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’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 Company 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 section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right tohave 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. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company 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 section, 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 the Company 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.
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, the Company 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.
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 the Company 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, the Company also will not be bound by them.
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 modified” date at the top of this page.
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. 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.
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 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 in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.