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LEGAL

Terms & conditions

Dated: 9/10/2019

Please carefully read and review the following Terms as they govern your use of the Site and Services. The following Simply Business, Inc. (collectively referred to as “Simply Business” or “we,” “us,” “our,” or other similar pronouns) terms and conditions (“Terms”) govern your access to and use of any website under Simply Business’ control, collectively whether partial or otherwise (including, without limitation, www.simplybusiness.com, www.harborwayinsurance.com, and the web-site from which these Terms were accessed from), Simply Business social media, and other content created by Simply Business (collectively, the “Site”) and the online business insurance brokerage services provided through the Site (the “Services”). By accessing, browsing, or using the Site or Services in anyway, you or the entity you represent accept, agree to, and are bound by these Terms. If at any time you do not agree to these Terms, you may not enter or use the Site or Services.

BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

These Terms constitute the entire agreement and understanding between you and Simply Business regarding your access and use of the Site. We are providing you access to our Site conditioned upon your complying with these Terms. If you violate these Terms, we reserve the right to seek any and all available legal remedies available to us. We may terminate your access to our Site at any time for any reason in our sole discretion and without prior notice to you. These Terms may be revised periodically and you are responsible for complying with any changes posted on the Site, and your continued use of our Site following our posting any revisions to these Terms constitutes your agreement to be bound by the revised Terms. We reserve the right, at any time and in our sole discretion, to revise these Terms as we deem necessary. Any and all changes will take effect once posted.

HARBORWAY INSURANCE

Harborway Insurance is a trade name of Simply Business (“Harborway”), which is a licensed insurance producer in all U.S. States and the District of Columbia. Harborway Insurance policies are underwritten by Spinnaker Insurance Company and reinsured by Munich Re, an A+ (Superior) rated reinsurance carrier by A.M. Best. For greater certainty, the Harborway website, www.harborwayinsurance.com is not a third party site as described in Section 4.

1. Conduct

You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Simply Business’s infrastructure; (v) not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other participants at the Site; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and (vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on the Site. You agree not to use the services available at the Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to the Site

2. Intellectual Property

All information and material including data, images, text and audio on the Site is the property of Simply Business and/or its licensors and is subject to copyright. All trademarks on the Site are the property of Simply Business and/or its licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.

3. Software

All software used on the Site is the property of Simply Business or its software suppliers. Simply Business hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license to use software it owns solely for the purposes of this agreement. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.

4. Links

The Site may contain links to (i) non-Simply Business sites, or (ii) Simply Business material that is hosted on third-party websites. These links are provided to you only as a convenience. Such linked sites are not under the control of Simply Business and Simply Business is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by Simply Business of the site, and Simply Business shall have no responsibility for information which is referenced by or linked to the Site. To the maximum extent allowed by law, you further acknowledge and agree that Simply Business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through the Site. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Simply Business has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any of our web pages is prohibited absent express written permission from us. Framing, inline linking or other association of the Simply Business Site or its materials with links, advertisements and/or other information not originating from our Site is expressly prohibited.

5. No Warranties

Without limiting the foregoing, Simply Business does not make any warranty that (i) the services offered on the Site will meet your requirements, (ii) the services offered on the Site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the content or information available on the Site is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Simply Business or through the Site shall create any warranty not expressly made herein.

Simply Business is an online business insurance brokerage and the content of the Site is not intended to nor does it convey legal, accounting, tax, career, or other professional advice of any kind. Anyone viewing information contained in this post or site should not act upon it without seeking professional counsel. In short, the Site’s content should not be relied upon or used as a substitute for consultation with professional advisors. The Site’s content concerns topics selected by Simply Business for dissemination to the general public, and is offered on a blind basis, without any knowledge as to your industry, identity, or specific circumstances.

6. Limited Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, SIMPLY BUSINESS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the services provided on the Site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the case of Vendors, you further agree if you become entitled to any recovery, that your recovery shall be limited to the amount of fees or payments you made to Simply Business within the six-month period prior to the event or action giving rise to such loss.

7. Indemnity

You shall indemnify, defend, and hold harmless Simply Business and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of the software available at the Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject services, (iii) your use of the content available on the Site in any way contrary to this agreement (iv) your breach of any of your representations, warranties or obligations set forth in this agreement, (v) the sale or purchase, or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (vi) any taxes attributable to the services or due on the purchase or sale of the services, (vii) any dispute between you and a Vendor (defined in Section 12) or Buyer (defined in Section 12) arising out of a transaction initiated on the Site, (viii) alleged errors or omissions or misrepresentations in the information provided by you to Simply Business hereunder or in the listings of services on the Site. You are prohibited from settling any action, claim or demand on our behalf without our prior written consent. Simply Business shall have the right to conduct any litigation, with counsel of its choice, at your expense.

8. Monitoring

You acknowledge that Simply Business or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Site. Simply Business, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Simply Business in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.

9. Provision of Data

In order to participate in the services offered at the Site, you must provide certain current, complete, and accurate information about you as prompted to do so by the registration form and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that such data is accurate and current, and that you are authorized to provide such data. If any registration data that you provide is untrue, inaccurate, not current or incomplete, Simply Business retains the right, in its sole discretion, to suspend or terminate your account and rights to use the services. Registration data and certain other information about you is subject to our Privacy Policy. Solely to enable Simply Business to use information you supply us with, you grant to Simply Business a non-exclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by Simply Business’s computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, (ii) use, reproduce, modify, display, market, publish, distribute, and transmit the information in connection with operating, demonstrating, or marketing the Site or Simply Business’s services, and (iii) combine the information with other content provided by Simply Business, in each case by any method or means or in any medium whether now known or hereafter devised. The foregoing licenses shall include the right to grant sublicenses to the users of the Site to print all or any portion of the information for internal business purposes. Simply Business retains all ownership rights in and to any modifications, enhancements or other contributions made by or on behalf of Simply Business to any information provided by you. Upon request by you, Simply Business shall have up to seven (7) days to remove any of your information or proprietary names from the Site. Simply Business will only use the information in accordance with our Privacy Policy and as contemplated by this agreement. Except as otherwise stated herein or under our Privacy Policy, any material, information or other communication you transmit or post to the Site (“Communications”) will be considered non-confidential and non-proprietary. Simply Business will have no obligations with respect to the Communications. Simply Business and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. All information submitted through our Sites will be governed in accordance with the terms of our Privacy Policy.

10. Termination

You agree that Simply Business may, in its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if Simply Business believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement. Simply Business reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under the Site (or any part thereof) with or without notice. You agree that Simply Business shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under the Site. Notwithstanding termination of this agreement, paragraphs 5 (No Warranties), 6 (Limited Liability), 7 (Indemnity), 10 (Termination) and 11 (General) shall survive its termination and shall continue in full force and effect.

11. General

The Site is created and maintained by Simply Business, Inc. and the laws of the Commonwealth of Massachusetts govern this agreement and you and Simply Business agree to submit to the exclusive jurisdiction of the federal and state courts located in Boston, Massachusetts. Simply Business controls the Site from its offices within the Commonwealth of Massachusetts. Simply Business does not imply that the materials published on the Site are appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.

Any waiver of any right or provision of this agreement will be effective only if signed by an officer of Simply Business and the failure of Simply Business to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

Simply Business reserves the right to make changes to the Site and this agreement at any time.

Simply Business reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Simply Business may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Simply Business receives complaints from users of the Site regarding listed services.

The rights and limitations in this agreement are for the benefit of Simply Business and a person who is not a party to this agreement has no right to enforce any term of this agreement.

Simply Business respects the intellectual property rights of third parties. If you believe that anything on our Site infringes upon any copyright which you own or control, please notify our legal department by providing it with the information, in its entirety, as outlined in 17 U.S.C. § 512. Any such notice shall be sent to [email protected]

Simply Business and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Simply Business or its affiliates or licensors and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Simply Business Site. Your misuse of the trademarks displayed on the Simply Business Site is strictly prohibited.

You are not permitted to assign any of your rights under this agreement without the prior written consent of Simply Business.

You may not issue any press release or make any public statement regarding your use or participation in the Site without the prior written permission of Simply Business.

You and Simply Business are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship between you and Simply Business is intended or created by this agreement

“Simply Business”® is a registered trademark of Simply Business and its affiliates. Simply Business is a wholly owned subsidiary of The Travelers Companies Inc.

12. Buyers and Vendors

All Vendors of services are herein referred to as “Vendors”. All buyers of services are herein referred to as “Buyers.” You are responsible for verifying the identity of Buyers or Vendors and for your decision to enter into a transaction with a Buyer or Vendor. We will have no obligation for and we undertake no obligation to verify the credit rating of, or other information with respect to, any Buyer or Vendor and we make no representation or warranty to you with respect to any Buyer or Vendor or their services.

13. Simply Business's role in the transaction

Simply Business is not involved in the actual transaction between any Buyers and Vendors. As a result, Simply Business has no control over the quality, fitness for purpose or legality of the services advertised, the truthfulness, completeness or accuracy of the listings, the ability of the vendors to sell the services or the terms and conditions of any transaction between a Buyer and Vendor. We cannot ensure that a Buyer and Vendor will complete a transaction.

14. Transaction

Simply Business is not a party to the actual transaction between the Vendors and Buyers and as a result, Simply Business has no control or responsibility for the ability of Vendors to sell, or Buyers to buy, services listed on the Site.

Simply Business is not responsible for any breach by a Vendor or Buyer of the terms of any transaction or associated transaction-related activities. You agree to proceed solely against the applicable counterparty to collect or recover any amounts owing to you or to enforce any of your rights in connection with or as a result of transactions entered on the Site, and you hereby irrevocably and unconditionally release Simply Business from any and all such actions.

15. Insurance Regulatory Provisions

  • Accuracy of Your Information. To use our services, you may be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information, medical and health history information, and/or financial information. You agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep your information current and to update your information as necessary. Our collection, use and disclosure of your information is governed by this Agreement and our Privacy Policy.
  • You Are Responsible for Selecting Insurance Products. We and our affiliates, may provide a venue through which you can obtain information and you find third-party service providers, such as insurance brokers, insurance agents, insurance companies and other insurance professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
  • Simply Business is Not a Service Provider. We are not a financial institution or other Service Provider. Instead, we help to connect you with Service Providers that may meet your needs based on information provided by you. We do not, and will not, make any coverage decision with any Service Provider referred to you. We do not issue insurance coverage or any other financial products.
  • No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available based on your specific needs.
  • You Do Not Pay Fees to Us. Unless you are a Service Provider or otherwise agreed, we do not charge you a fee to use our services. Service Providers may pay us fees for services and to be matched with users of our services. We are not involved with and are not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.
  • Fees and Payments. Access and use of our services is free. Access and use of our services is free. At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. We may, in our sole discretion, and with prior notice to you, change this policy and begin charging for access to our services and other features and services, and we may add, remove or change the features and services we offer at any time.
  • Requests for Quotes or Offers. Our services may give you the opportunity to request to be matched with and receive quotes or offers from Service Providers. Portions of our services providing this opportunity are only available to residents of the United States, and may not be available in all states.

We make no guarantee that you will be matched with a Service Provider if you submit a request.

If you make either a complete or incomplete request, then you agree that your information provided in connection with your request may be used and disclosed as set forth in the Privacy Policy. Without limiting anything in the Privacy Policy, you authorize Service Providers, and their affiliates and third-party service providers, to conduct all necessary research with your information, including checking your credit history, if applicable, for purposes of providing you with quotes, products and services.

If you make a request, then you expressly authorize Service Providers and us to contact you by telephone, fax and email at the numbers and addresses provided in your request, for purposes of providing you with the quotes, products and services indicated in your request or for marketing purposes related to your request. You consent to receive telephone calls from Service Providers and us, even if the phone number that you provided on your request is on any “Do Not Call” list. You also consent to Service Providers and us making recorded calls to remind you of deadlines or other issues in connection with your request.

You are solely responsible for complying with applicable laws and regulations in connection with your use of any services offered by us or a Service Provider.

Not all of the products and services referenced on the Site are available in every state and through every representative or advisor listed. For additional information, please contact our Compliance department at [email protected]

© Copyright 2020 Simply Business. All Rights Reserved. Simply Business, Inc. is a licensed insurance producer in all U.S. States and the District of Columbia. Please be advised that insurance coverage cannot be added, deleted or otherwise changed until it is confirmed in writing by Simply Business or your insurance carrier. Simply Business has its registered office at Simply Business, 1 Beacon Street, 15th Floor, Boston, MA, 02108. In the state of California, we operate under the name Simply Business Insurance Agency, Inc., License #0M20593. In the state of New York we operate under the name Simply Business Insurance Agency. In the state of Texas we operate under the name, U.S. Simply Business, Inc. For more information, please refer to our Privacy Policy and Terms & Conditions.