These Terms of Service (“Terms”) govern your access to and use of the application and website (collectively, the “website”) (“Services”) provided by Union Bay Risk Advisors LLC (“Union Bay,” “we,” “us,” or “our”), so please read these Terms carefully before using the Services.
References to “you” in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to “Union Bay ” shall be deemed to have been made to Union Bay Risk Advisors LLC its successors, assignees, and US subsidiaries and affiliates, as well as any company that controls Union Bay, directly or indirectly, and any other subsidiary of that controlling company.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our website, and will apply to causes of action arising after the effective date of the change. You should continue to check the website for changes. Your continued use of our website or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are over the age of 18 as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user’s account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do not rely on our website for your financial decisions. The content on the Union Bay website and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.
Open Source Software
Certain software code incorporated into or distributed with the website or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
Union Bay Rights
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Union Bay and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Union Bay upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your “Account Information”), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Privacy and Passwords
Union Bay values and protects the privacy of your information. Please review Union Bay’s Privacy Notice, as it contains important information relating to your use of our website and Products.
Some portions of the Site and Products are protected and require a user identification code (“User ID”) and password for access. Unauthorized access or use of such portions of the website is prohibited. You agree that you will notify Union Bay immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. Notify Union Bay via email at firstname.lastname@example.org. For your protection, if Union Bay believes that any unauthorized access may occur or has occurred, Union Bay may terminate your account access without prior notice to you. You also agree that Union Bay is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
The Service may request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to Union Bay, you are granting Union Bay a license to use the User Content in order to make it available through the Service.
License Grant by You to Union Bay
By uploading User Content, you are granting Union Bay a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Union Bay to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Union Bay to make such User Content available to, and pass these rights along to, others with whom Union Bay has contractual relationships related to the provision of the Union Bay service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Union Bay determines such access is necessary to comply with its legal obligations.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Union Bay through the website or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Union Bay is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Union Bay shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Union Bay may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Union Bay without any obligation of Union Bay to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Union Bay under any circumstances.
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
By using the Services, you agree not to: (i) create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand). (ii) defame, stalk, bully, abuse, threaten, harass, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts;(iii) use or attempt to use another’s account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” “cache,” “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the website; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
By accepting the receipt of Electronic Transmissions, you voluntarily agree to have all records, including your current and future insurance related documents, provided to you in electronic form. Insurance related documents include, but are not limited to:
Your insurance policy and all documents, notices and correspondence related to your insurance policy. This could include:
- ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
- Bills, billing notices, payment schedules or any other correspondence related to premium payments;
- Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
- Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
- Any other documents related to your insurance transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our website or app. For this second option, you may need to log-in to access the information.
This consent, unless withdrawn, applies to all transactions between you and Union Bay. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form at no charge.
To withdraw your consent, you can email us any time at email@example.com with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth, the effective date of your withdrawal and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form.
To change or correct your email address, you can email us at firstname.lastname@example.org with the following subject line “EMAIL ADDRESS UPDATE”. The body of the email must include your name, policy number, the start date of the policy, named insured’s date of birth and the updated email address. Note our website address is www.unionbayrisk.com.
Third Parties’ Links, Websites, and Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
Limitation of Liability
To the maximum extent permitted by law, the Service Is Available “As Is.” Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNION BAY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) UNION BAY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNION BAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNION BAY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF UNION BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) UNION BAY’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Union Bay reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms and your use of the Site are governed in all respects by the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. Any dispute concerning the website or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in Mercer County, New Jersey.
We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Notice, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Recurring Credit/Debit Card Payments
With your permission, we may charge the credit or debit card you use to purchase an insurance policy from us. Thereafter, we will automatically charge the card monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Your policy is a one-year contract. Should we choose to insure you for another year, we will automatically charge the card for the new monthly premium. We will do the same for any subsequent renewals. You may cancel these recurring payments by cancelling your policy on the app. You may also cancel your policy by emailing our customer experience team at email@example.com.
Insurance Quotes and Coverages
All quotes generated by Union Bay digital platform are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our website are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Union Bay whether on Union Bay’s web site, mobile app or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state.
If you elect to report an insurance claim to us, the information you submit regarding your insurance policy and the loss is subject to review and verification by the relevant insurers. Union Bay does not handle or adjudicate insurance claims.
Consent and Authority to Obtain Information
Confidentiality for New York Victims of Domestic Violence/Endangered Individuals
The provisions in New York Insurance Law, section 2612 sets forth confidentiality protocols for domestic violence victims and endangered individuals and prohibits insurers from discriminating against victims of domestic violence.
According to this law, if any person covered by an insurance policy delivers to the insurer that issued the policy a valid order of protection against a policyholder or other person covered by the policy, the insurer is prohibited for the duration of the order from disclosing to the policyholder or the other person covered, the address and telephone number of the insured, or of any person or entity providing the covered services to the insured. If the covered person is a child, then this right may be asserted by the child’s parent or legal guardian.
The law also provides that no insurer may: refuse to issue or renew, deny or cancel any insurance policy; demand or require a greater premium or payment from any person or designate domestic violence as a prior condition, for which coverage will be denied/reduced. The fact that a person is or has been a victim of domestic violence is not permitted in underwriting criterion.
The law also requires a health insurer, as defined in that section of the law to include an accident and health insurer, to accommodate reasonable requests by a person covered by an insurance policy to receive communications of claim- related information by alternative means or at alternative locations if the person clearly states that disclosure of the information could endanger him or her. If the covered person is a child, then the child’s parent or legal guardian may make the request. The insurer, without the express written consent of the person making the request, is prohibited from disclosing to the policyholder (1) the address, telephone number, any other personally identifying information of the person making the request or child for whose benefit a request was made (2) the nature of the health care services provided; or (3) the name or address of the provider of the covered services.
The request must include an alternative address, telephone number and/or other reasonable methods of contact. The request should be made by emailing a copy of the order of protection to the insurer at firstname.lastname@example.org. In order to revoke a request that has been received and implemented, the requesting person must submit to the insurer a written sworn statement revoking the prior request.
For further information, please contact the New York State Domestic and Sexual Violence Hotline. NYS Domestic and Sexual Violence Hotline: 800-942-6906 (English and Spanish) In NYC: 800-621-HOPE (4673) or dial 311. Deaf or hard of hearing: 711.
These terms of service will be updated as necessary from time to time.