Savvy Terms of Service - Effective 2-10-2020
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Terms of Service

Effective 2-10-2020

This Terms of Service (“Agreement”) constitutes a legally binding agreement between you (“you” or “User”) and Savvy Insurance Solutions, LLC (“Savvy” or “we” or “us”)) governing your use and access to the software, services, content and products made available to you through the Savvy platform located at savvy.insure and applicable mobile applications (collectively the “Platform”). Savvy  and User  may also individually be referred to as a “Party” and collectively as the “Parties.”

By clicking the “I Agree to the Terms of Service” box or (i) accessing or using any part of the Platform or (ii) initiating any transaction on the Platform, you agree to be bound by these Terms of Service.  Savvy may from time to time issue updated versions of its software and services. You consent to such automatic updates and agree that these Terms of Service will apply to all such updates.

THIS AGREEMENT INCLUDES PROVISIONS FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS –WHICH INCLUDES A WAIVER OF A RIGHT TO A JURY TRIAL OR A RIGHT TO FILE A CLASS ACTION.  

 

  1. Savvy Services.  Savvy offers Users the opportunity to find relevant products and services based on the information made available to us (collectively “Services”). By providing information to Savvy and/or linking your insurance account to Savvy, you authorize Savvy and its service providers to obtain and disclose your information, including your current insurance information, to third-party vendors.

  1. Access to Services.  To access the Platform and Services, you must be at least 18 years of age and/or have legal capacity to enter into a binding contract in your state of residence and accept these Terms of Service.  

  1. Communications Consent.
  1. Email.  By sharing your email address with Savvy, including by linking an insurance account associated with your email address, you agree to receive emails from Savvy. You may unsubscribe from marketing communications at any time, however, Savvy  reserves the right to continue to send email communications to provide you with important information about the Services, our Terms of Service and Privacy Policy, at any time as we deem necessary
  2. SMS Messages. By providing your mobile phone number, including by connecting an online insurance account associated with your mobile phone number, and by opting into mobile phone-based notifications, you hereby consent to the receipt of notifications via short messages services (“SMS”), which may be subject to fees and costs charged by your cell phone provider.  You may opt out by unsubscribing in response to SMS, contacting legal-notices@savvy.insure or as available through the message preferences on your mobile phone’s notifications/settings tab. Consent to SMS Messages is not a condition of purchase.
  3. Third Party Sites and Services.  By clicking on a link to a third-party website, product or service from the Platform, you authorize such third parties to communicate with you directly about such products or services through the phone, email address or other contact information provided by you to Savvy.

  1. Licensed Insurance Agency.  Savvy is a licensed insurance agency in the state of California, License No. 0N08547, Casualty Broker-Agent & Property Broker-Agent with a business address located at 88 Townsend Street, Unit 204 San Francisco, CA 94107. A list of Savvy’s licenses in all states can be found at https://savvy.insure/licenses

  1. DISCLAIMERS
  1. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.   Savvy is not a  licensed accountant, attorneys or investment advisor. The Services, Products, Platform, Content and other Services are not intended as a substitute for licensed professional advice.  Any insurance purchasing decisions such as coverages (e.g., types and amounts), limits, and deductibles are solely the responsibility of User.
  2. WARRANTY DISCLAIMER:  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, PRODUCTS, PLATFORM, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “AS IS”.   SAVVY DOES NOT REPRESENT OR WARRANT THAT THE  SERVICES, PLATFORM, PRODUCTS, CONTENT OR OTHER SERVICES WILL MEET YOUR PERSONAL OR PROFESSIONAL GOALS, NEEDS OR REQUIREMENTS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAVVY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SERVICES, PLATFORM, PRODUCTS, CONTENT, AND/OR OTHER SERVICES.
  3. THIRD PARTY DISCLAIMER.   SAVVY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING, IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND PLATFORM.  SAVVY DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES OR OTHER THIRD PARTY INFORMATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAVVY MAKES NO WARRANTIES REGARDING ANY THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH OTHER THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.

  1. RELEASE OF CLAIMS.  The Savvy Platform and Services connect Users with third party providers such as insurance companies or carriers. With regard to any dispute between User, an insurance carrier or provider or with any other third party relating to your use of and/or access to the Services and Platform, you hereby release Savvy and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns, from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR

  1. Privacy. Information provided to Savvy  through the Platform shall be processed in accordance with the disclosures set forth in the posted Privacy Policy in effect during User’s  use of the Platform and Services.

  1. Consent
  1. Content:  The term “Content” refers to any text, data, code, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged between User  and Savvy  to facilitate the provision of the Services under this Agreement.
  2. User Content.  You grant to Savvy a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, royalty-free license, with the right to sublicense, use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner any Content submitted by User to the Platform and Savvy (collectively “User Content”) in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. 
  3. Content Restrictions.  User shall be responsible for all User Content uploaded and otherwise exchanged through the Platform. Savvy shall have no obligation to prescreen, monitor, edit or remove any User Content.  Savvy  reserves the right, to take any action to restrict or remove access to any User Content that we deem, in our sole and absolute discretion, to be objectionable, in violation of applicable law, or otherwise in violation of this Agreement.

  1. Feedback License.  Savvy  considers any suggestions, ideas, proposals, testimonials or other material submitted by Users, whether solicited or unsolicited, (collectively, the "Feedback") to be non-confidential and non-proprietary.  Savvy  shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to Savvy  a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

  1. Intellectual Property – Reservation of Rights.
  1. Copyright:  All Content made available through the Platform by Savvy, as well as the Platform’s logos, design, text, graphics, software and other files, and the selection arrangement and organization thereof, are owned by Savvy and protected by U.S. and international copyright laws.   You may not use such materials without permission.   © 2019 Savvy Insurance Solutions, LLC. All Rights Reserved.
  2. Trademarks: Savvy’s trademarks, including, but not limited to, the Platform’s logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Savvy.
  1. Reservation of Rights. Ownership and Use:  Unless otherwise stated herein, nothing in this Terms of Service or your use of the Platform and Services gives you a right or license to use any of Savvy’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
  1. Use Limitations. The Services and Platform are for User’s personal use only.  User shall not use the Services or Platform for any commercial purposes.  User  shall not distribute, redistribute, resell or sublicense the Services, Content, Platform and associated intellectual property for any commercial purpose.

  1. DMCA - Notice of Claimed Infringement.  If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Savvy’s Designated Agent at legal-notices@savvy.insure and 88 Townsend St Apt 204, San Francisco, CA 94107.

  

  1. Platform & Software – Prohibited Use.
  1. Users shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform and/or documentation or data made available to User  through the Services and/or Platform.  
  2. User shall not interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Platform. User  shall not violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems or networks connected to any server associated with the Platform, through hacking, password timing or any other means.  User  may neither take nor attempt any action that, in the sole discretion of Savvy, imposes or may impose an unreasonable or disproportionately large load or burden on the Platform and software services or the infrastructure related thereto.  
  3. User  shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Platform and software services, any data or Content found on or accessed through the Platform and software services, without the prior express written consent of Savvy.
  4. User  shall not intentionally or unintentionally utilize the Platform in any manner that violates any applicable law, rule or regulation.

  1. Dispute Resolution. 
  1. Individual Binding Arbitration. Any claim or controversy with Savvy  arising out of or relating to the Services, Platform, Content or this Terms of Service  (including formation, interpretation, performance and breach of the Agreement) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) shall be final and binding upon the parties, and any judgment on the award may be entered in any court having jurisdiction thereof.   The Federal Arbitration Act, 9 U.S.C. § 1 et. seq., shall govern the interpretation and enforcement of this Agreement.  
  2. Class Action & Jury Trial Waiver.  ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY.  THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS.  EACH PARTY IS EXPRESSLY WAIVING ITS RIGHTS TO A TRIAL BY A JUDGE OR JURY.  IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
  3. Exception – Small Claims Court Claims.  Notwithstanding the Parties’ agreement to resolve all disputes through arbitration, either Party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

  1. Indemnification. User  shall indemnify, defend, and hold harmless Savvy  and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, affiliates, managers, licensors, business partners and each of their respective successors and assigns (the “Savvy  Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Savvy  Indemnified Parties arising out of or relating to User ’s acts or omissions and/or breach of the terms of this Agreement.

  1. Limitation of Liability.   IN NO EVENT SHALL SAVVY’S, OR ITS  PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, EXCEED $100.00.  In no event shall Savvy  or its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, affiliates, managers, licensors, business partners and each of their respective successors and assigns, be liable to User  for any incidental, consequential, indirect, special, or punitive damages of any kind (including, but not limited to lost revenue, lost profits, loss of business opportunity, loss of consortium). User  hereby acknowledges and agrees that the limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of Savvy ’s bargain hereunder, without which Savvy  would not enter into this Agreement or provide User  with the Services or allow participation in the applicable Services and that the Services fees reflects the allocation of risk agreed upon by the Parties.

  1. General Provisions.
  1. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to or application of California’s conflict of law principles.  The parties consent to the jurisdiction of the State of Delaware, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof.
  2. Force Majeure.  Savvy  shall not be liable or responsible to User  for any delays in providing the Services as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, war or acts of God.  
  3. Relationship of Parties. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.
  4. Waiver.  No failure or delay by a Party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.  
  5. Modification. No modification of this Agreement shall be effective unless it is either in writing and signed by an authorized representative of Savvy or posted by Savvy on the Platform.
  6. Severability. The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
  7. Assignment.  User  shall not assign any of the rights or obligations under this Agreement without the prior written consent of Savvy.    This Agreement is assignable by Savvy  at any time without User ’s consent.
  8. Successors and Assigns.  This Agreement is binding on and inures to the benefit of the Parties and their respective successors and permitted assigns.  
  9. Interpretation.  Headings are for reference purposes only and do not limit the scope or extent of such section.
  10. Notices. All notices, requests and other communications under this Agreement shall be in writing and shall be delivered in person (by courier or otherwise) or mailed by certified or registered U.S. mail, return receipt requested, to Savvy at legal-notices@savvy.insureand to User at the email address provided by User in connection with the user of the Platform and Services.

  1. Entire Agreement. This Agreement shall comprise the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter contained herein.  

  1. Complaints - California Residents.  If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.