VERIFLY’S TERMS AND CONDITIONS

Verifly (hereinafter referred to as “Verifly”, “we”, “us” or “our”) operates an insurance distribution platform through our website and/or our mobile application computer program (“Platform”).  “Verifly” refers to Verifly Insurance Services, Inc. and companies related to it by common ownership or control.

These terms and conditions (“Terms”) apply to your use of the Platform as well as any of our offline services and tools that might be made available by us from time to time, including call centers, offline enrollment tools, surveys, and other applications (“Offline Services”), in the United States1.  The Platform and Offline Services are collectively referred to in this policy as the “Services.”  The Services are owned and operated by Verifly.

It is important that you are fully aware of our respective legal rights and obligations.  For that reason, we have created these Terms as the legally binding basis upon which you may use the Services.  Please read these Terms carefully in their entirety.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms, and in such event “you” and “your” will refer and apply to that company or other legal entity.

The term “Personal Information” (as used herein) refers to information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from the information in conjunction with other information.

Terms of Service

Please note that we reserve the right, at our sole discretion, to modify these Terms or the Services at any time and without prior notice to you.  You can visit this page at any time to review the current form of our Terms.

If you do not agree with any of these Terms (including as may be amended from time to time), please do not access or use the Services.  By accessing or using the Services you will be deemed to have irrevocably agreed to these Terms.  You acknowledge and agree that, by accessing or using the Services, or by downloading any content from the Platform, you have read and you are bound by these Terms.

If any provision of these Terms is adjudged, by written decision of a court or other applicable governmental authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement between us reflected in these Terms and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between you and Verifly relating to the matters contained here.

Eligibility

The Services are directed at a general adult audience.  We will assume (and by using the Services you warrant that) that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).  We do not knowingly collect or post information in respect of persons under the age of 18. 

Insurance Product Terms

Each insurance product described in our Services is subject to the terms and conditions it contains, including exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued.  Some products or services may not be available in all states or territories.

You Must Provide Accurate Information

It is a condition of use of the Services that all the details you provide are correct, current and complete.  If we believe that the details you provide (including but not limited to Personal Information) are inaccurate, fraudulent, not current, incomplete, or otherwise a violation of these Terms, we have the right to refuse you access to the Services and to terminate or suspend your account, as applicable.

Account Registration

In order to access certain of the Services, you must register to create an account (“Verifly Account”) and become a Member.  You may register to join via our website or mobile application You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) including, but not limited to, Facebook (each such account, a “Third-Party Account”), via our Platform, as described below.  As part of the functionality of the Services, you may link your Verifly Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Verifly through the Platform; or (ii) allowing Verifly to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to Verifly and/or grant Verifly access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Verifly to pay any fees or making Verifly subject to any usage limitations imposed by such third-party service providers.  By granting Verifly access to any Third-Party Accounts, you understand that Verifly will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Platform via your Verifly Account.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Verifly Account on the Services.  Please note that, if a Third-Party Account or associated service becomes unavailable or Verifly’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services.  You have the ability to disable the connection between your Verifly Account and your Third-Party Accounts, at any time, on the Platform.  Verifly makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Verifly is not responsible for any SNS Content.

Your Verifly Account will be created based on the Personal Information you provide to us or we obtain via an SNS as described above.  You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  Verifly reserves the right to suspend or terminate your Verifly Account and your access to the Services if you create more than one Verifly Account.

You are responsible for safeguarding the password to access your Verifly Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Verifly Account, whether or not you have authorized such activities or actions.  You will immediately notify Verifly of any unauthorized use of your Verifly Account to which you are, or should reasonably have been, aware.  Verifly will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

Payment Policy

You authorize Verifly, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.  This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth and other information that is necessary to confirm ownership of your email address or payment method that you have added to your Verifly Account, such as a credit card, debit card or PayPal account (“Payment Method”).

You must provide Verifly with accurate information in relation to your Payment Method so that the purchase of insurance is paid for by you.  Additionally, you authorize Verify to store your Payment Method and charge your Payment Method as outlined in these Terms.

When you select and provide information to us pursuant to a Payment Method, you confirm that you are permitted to use that Payment Method and you authorize us and our designated payment processor to charge the full amount of the insurance to the Payment Method you designate for the purchase.

If you cancel your purchase prior to that purchase being confirmed by Verifly, then Verifly will cancel any preauthorization in respect of your Payment Method and/or refund a nominal amount charged to your Payment Method in connection with that purchase.

We will take steps to rectify any payment processing errors of which we become aware.  These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount.

Privacy Policy

Your privacy is important to us.  Please refer to our Privacy Policy.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.  THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VERIFLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  VERIFLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  VERIFLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OR LINKED TO THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  VERIFLY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND VERIFLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

VERIFLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF VERIFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT VERIFLY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion of Damages

VERIFLY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF VERIFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT VERIFLY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, VERIFLY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE ACCOUNT REGISTRATION CLAUSE OR (2) CONTENT POSTED BY YOU OR ANY THIRD PARTY.

Binding Arbitration of All Disputes; No Class Relief

(a) U.S. Residents (excluding residents of the State of Vermont):  To the fullest extent permissible by law, with the exception of disputes pertaining to Verifly’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Verifly arising under these Terms shall be resolved through binding arbitration conducted in accordance with and governed by the Commercial Arbitration Rules then in effect of the American Arbitration Association, with such body also conducting any arbitration.  Any arbitration shall be on an individual basis with no class relief.  The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the insurance industry and shall follow New York substantive law in adjudicating the dispute.  The arbitration shall be conducted in New York, New York at a location selected by the arbitrator.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.  YOU ACKNOWLEDGE AND AGREE THAT YOU AND VERIFLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT.

For any claim in which you seek US$10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing.  For those claims that the arbitrator determines are not frivolous, Verifly shall pay the costs and fees of arbitration.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses only to the extent provided under applicable law. 

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

(b) Non-U.S. Residents:  If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services or Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us.  But if no such information exists or if such information is not current, then we have no obligation under this section.  Your notice must be sent to us in accordance with the details given in the “How to Contact Us” section below.  For a period of sixty (60) days from the date of receipt of notice from the other party, Verifly and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Verifly to resolve the dispute on terms which either you or Verifly, in each of our sole discretion, are uncomfortable with.  Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.

Trademarks and Copyrights

Verifly respects the intellectual property rights of others and asks users of the Services to do the same.

The Services, software and materials incorporated by Verifly for the Services are protected by copyrights, patents, trade secrets, license agreements or other proprietary rights.  The term “Verifly®” as well as all logos and graphics using the Verifly name are the intellectual property of and/or federally registered trademarks/servicemarks owned by Verifly. Some of the characters, logos, or other images incorporated by Verifly for the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Verifly or others. 

Modification or use of any such content for any purpose not permitted by these Terms may be a violation of the copyrights and/or trademarks protected by law and these Terms and is prohibited.

Permitted Uses

Your right to make use of the Services and any related content is subject to your compliance with these Terms. 

You may access and display content displayed on this Platform for your personal, lawful use in connection with seeking insurance.  Use of the Services by a competitor company or other non-consumer third party is prohibited.

Our insurance distribution platform may only be accessed directly and through our Services and the content of our Services may not otherwise be copied, modified, reproduced, republished, uploaded, framed, posted, transmitted, distributed, displayed, licensed or used in any way unless specifically authorized by Verifly.  You may not create any kind of hyperlink from any third party site to ours unless you first obtain our express written permission.  You are not authorized to use any portion of this Services or any other Verifly intellectual property, in the meta-tags of any website or in any other materials.  Any authorization to copy any content of the Services granted by Verifly in any part of the Services for any reason is restricted to making a single copy for the use expressly permitted by Verifly, and is subject to your keeping intact all copyright and other proprietary notices.  Using any content of the Services on any other website or networked computer environment is prohibited.  Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. 

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES OR OTHER FORUMS ON THE PLATFORM (“FORUMS”) ARE NOT NECESSARILY THOSE OF VERIFLY OR CONTENT PROVIDERS.  VERIFLY DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF VERIFLY.  VERIFLY MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN VERIFLY’S SOLE DISCRETION.  ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions

Verifly is interested in hearing from you regarding your questions or comments about our Services, however Verifly does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email).  Therefore, please do not send any unsolicited submissions to Verifly.

Invited Submissions

From time to time, Verifly may expressly request submissions of content from you, such as testimonials regarding your experiences with Verifly.  Where this is the case, please carefully read any specific rules or other terms and conditions which are provided with such a request, as they will affect your legal rights.  If no additional terms are provided, then these Terms will apply in full.  IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL, EXCEPT AS AND TO THE EXTENT REQUIRED UNDER APPLICABLE LAWS [AND AS PROVIDED IN OUR PRIVACY POLICY]. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to Verifly.  Verifly will consider anything you provide to Verifly and/or contribute to the Services as available for our use free of any obligations to you (including any payment).  Under no circumstances will we pay you for the use of your ideas or submissions.

Claims of Infringement

If you believe that any content appearing on the Platform infringes your copyright rights, we want to hear from you.  Please forward the following in writing to the address given below:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • The exact URL or a description of each place where alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  • Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  • A statement by you made under penalty of perjury that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Verifly seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

Product Specifications; Pricing; Typographical Errors

We do our best to describe every product or service offered through the Services as accurately as possible.  However, we do not warrant that product specifications, pricing, or other content of the Services is complete, accurate, reliable, current, or error-free.  In the event of any errors relating to the pricing or specifications, Verifly shall have the right to refuse or cancel any orders in its sole discretion.  If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. 

Indemnity

You agree to defend, indemnify and hold harmless Verifly, its affiliates and subsidiaries, and its officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, principals, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms.

System Abuse

Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person.  You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, Verifly reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

Investigations

Verifly reserves the right to investigate suspected violations of these Terms.  Verifly may seek to gather information from any user who is suspected of violating these Terms and from any other user.  If Verifly believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts or your access to the Platform, or take other corrective action it deems appropriate.  Verifly will fully cooperate with any law enforcement authorities or court order requesting or directing Verifly to disclose the identity of anyone believed to violate these Terms.  BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS VERIFLY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VERIFLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY VERIFLY OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use the Platform, you must obtain access to the Internet and possibly pay any service fee associated with that access.  You will need to provide all equipment necessary to connect to the Platform (including a computer, modem, mobile device, tablet, and/or other access devices).

Reservation of Rights

Verifly reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Platform, with or without notice and/or to establish general guidelines and limitations on their use.

Your Compliance with Applicable Laws and Regulations

You are responsible for complying with local, state and federal law, regulations and guidance, if and to the extent such laws, regulations and guidance are applicable in relation to: (i) the Services; and (ii) your use of any unmanned aircraft system.  You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside.

Third Party Sites

Our Platform may link you to other sites on the Internet. These other sites are not under the control of Verifly, and you acknowledge that (whether or not such sites are affiliated in any way with Verifly) Verifly is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.  The inclusion of such a link does not imply endorsement of any site by Verifly or any association with its operators.

Verifly cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from Verifly since the third party sites are owned and operated by independent parties.  Verifly does not endorse any of the products and services, nor has Verifly taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites.  Verifly does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites.  We strongly encourage you to make whatever investigation you feel necessary or appropriate (such as reading the terms of use and privacy policies provided on any third party site) before proceeding with any online transaction with any of these third parties.

Choice of Law

With the exception of the “Binding Arbitration of All Disputes; No Class Action” clause (above), these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within the State of New York.  Except where prohibited by law, any claim or dispute that does not fall under the “Binding Arbitration of All Disputes; No Class Action” clause, i.e., disputes pertaining to Verifly’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, shall be subject to the sole and exclusive jurisdiction of the New York State courts in New York County, New York, or the federal courts for the Southern District of New York, and no other courts, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between you and Verifly regarding the Platform and any purchase of insurance via the Platform and the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Verifly and you regarding the Platform.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Verifly’s prior written consent.  Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.  Verifly may assign or transfer these Terms, at its sole discretion, without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Verifly (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Underwriting Entities

The following information is disclosed pursuant to various state insurance laws.  The insurance products provided on the Platform and via the Services are underwritten by the following insurance companies:

Insurance Company NAIC Identification Number Principal Address List of Jurisdictions Where Insurance Company Will Issue Policies State of Domicile
American Alternative Insurance Corporation 19720 555 College Road NEPrinceton, NJ 08543  All US States Delaware
American Commerce Insurance Company  19941 211 Main StreetWebster, MA 01570  All US States, except California and Connecticut Ohio
Mitsui Sumitomo Insurance Company of America 20362 15 Independence BlvdWarren, NJ 07059  All US States New York
National Indemnity Company       20087 3024 Harney StreetOmaha, NE 68131  All US States, except Florida, Hawaii, Louisiana, Massachusetts, New Jersey, New York and Oregon Nebraska
Tokio Marine America Insurance Company 10945 230 Park AvenueNew York, NY 10169  All US States New York
Central States Indemnity Company of Omaha 34274 3024 Harney StreetOmaha, NE 68131  Hawaii, Louisiana, Massachusetts, New York and Oregon Nebraska
National Indemnity Company of the South 42137 3024 Harney StreetOmaha, NE 68131  Florida and New Jersey Florida

By using the Platform to purchase insurance, I/we declare that all particulars stated in the application process are true and complete to the best of my/our knowledge and that no information has been withheld or suppressed.  I/we represent that all statements made in the application process and the terms and conditions of the policy in use by the insurer shall be the basis of any contract between me/us and the insurers.  I/we hereby authorize the insurer to investigate any qualifications stated or other statements made during the application process.

FRAUD STATEMENTS

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects that person to criminal and civil penalties (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties). (In New York, the civil penalty is not to exceed five thousand dollars ($5,000) and the stated value of the claim for each such violation). (Not applicable in AL, AR, AZ, CO, DC, FL, KS, LA, ME, MD, MN, NM, OK, PR, RI, TN, VA, VT, WA and WV).

APPLICABLE IN AL, AR, AZ, DC, LA, MD, NM, RI and WV

Any person who knowingly (or willfully in MD) presents a false or fraudulent claim for payment of a loss or benefit or who knowingly (or willfully in MD) presents false information in an application for insurance is guilty of a crime and may be subject to fines or confinement in prison.

APPLICABLE IN COLORADO

It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company.  Penalties may include imprisonment, fines, denial of insurance and civil damages.  Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies.

APPLICABLE IN FLORIDA and OKLAHOMA

Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (In FL, a person is guilty of a felony of the third degree).

APPLICABLE IN KANSAS

Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.

APPLICABLE IN MAINE, TENNESSEE, VIRGINIA and WASHINGTON

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company.  Penalties may include imprisonment, fines or a denial of insurance benefits.

APPLICABLE IN PUERTO RICO

Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances be present, the penalty thus established may be increased to a maximum of five(5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.

How to Contact Us

The Services are controlled and operated by Verifly located at

Verifly Insurance Services, Inc.

174 West 4th Street, Suite 204,

New York, NY 10014. 

Please forward any comments or complaints about the Services to help@verifly.com.

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1.  In Vermont, the Terms apply to your use of the Platform as well as any of our offline services and tools that might be made available by us from time to time, including call centers, offline enrollment tools, surveys, and other applications (“Offline Services”), but not to the terms and conditions of the insurance policy issued a result.

In Illinois, the Terms apply to your use of the Platform as well as any of our offline services and tools that might be made available by us from time to time, including call centers, offline enrollment tools, surveys, and other applications (“Offline Services”), but not to the Terms and Conditions of the insurance policy issued a result.  Any disputes regarding insurance coverage issued to an Illinois insured are governed by the State of Illinois and any disputes that arise due to an Illinois policy are under the jurisdiction of Illinois courts or federal courts for the State of Illinois.

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