Terms & Conditions

These Terms of Service were last revised on June 28, 2024.

1. Introduction

By using the Website you agree to be bound by the terms and conditions contained within the Terms of Service (previously “Terms of Use”), as well as our Privacy Policy. Collectively, these form a legally binding agreement between us and you.

The terms “With Coverage”, “With Coverage Insurance”, “we,” “us,” or “our” mean With Coverage Inc., a Delaware corporation, as well as our subsidiary agency With Coverage Insurance Services LLC, which conduct business as “With Coverage” in all states. The terms “you,” “customer,” and “user” shall mean you, users of our Services, and any entity or organization you or such users represent. The term “Services” means, collectively, the website at www.withcoverage.com (“Website”), various websites, applications, widgets, information, insurance brokerage services, email notifications and other media, or portions of such media, through which you have accessed the Terms of Service. The Terms of Service contain an agreement to arbitrate all claims and disclaimers of warranties and liability.

2. Privacy Policy

By using our Services, you acknowledge that you have read and understand our Privacy Policy. The Terms of Service incorporate this Privacy Policy in full and, by agreeing to the Terms of Service, you agree to be bound by the terms of the Privacy Policy. You also acknowledge receipt of our Cookies Policy, which is incorporated into our Privacy Policy.

3. Your Compliance with The Terms of Service

By using our Services and visiting our Website, you voluntarily accept and consent to the Terms of Service, and your consent and acceptance is supported by sufficient and valuable consideration. You acknowledge that this consideration includes, but is not limited to, access to our Services and your ability to interact with our Services. You expressly represent that you have the capacity to agree to be bound to the Terms of Service and, given that you are acting on behalf of a business entity or other organization, agree that you have the authority to so bind that entity or organization.

4. Representation of Data Collection

You consent to and agree that With Coverage may collect data and Personal Data, as defined by Section 2 of our Privacy Policy, from you even though we may not be able to offer you any available products or services for purchase. With Coverage currently only sells products or services in a limited number of states and currently only sells limited insurance products. If you voluntarily provide us with any information about yourself or a third party, you agree that With Coverage reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if With Coverage cannot offer you or a third party products or services for sale at the time you provide us with this information.

When applying for an insurance policy, you represent that you have provided notice to and obtained consents from your company and/or employees that will allow us to obtain any records needed to be used in underwriting decisions.

5. Consent to Receive Electronic Copies of Insurance Documents

In certain circumstances, we may be required by law to obtain your consent before providing you with information or documents in electronic format. Please read the following carefully before giving consent by using our Services.

(a) Scope of Communications to Be Provided in Electronic Form. You agree that we may provide you with any Communication in electronic format, and that we may discontinue sending paper Communications to you (including, but not limited to, paper communications required to be sent via U.S. mail), unless and until you withdraw your consent as described below or at our option upon notification by us to you. You further acknowledge that we may authorize an agent to deliver certain Communications to you on our behalf, and perform other services to help facilitate the delivery of Communications to you.

(b) Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided by one or more of the following methods (to the extent permissible by law): (1) via e-mail; (2) by access to a secure website that we will generally designate in advance for such purpose; or (3) via text message or mobile message service. With respect to text message and mobile messaging service communications, your carrier may charge you a fee for receiving the message. We will provide a particular Communication in writing if required by law to do so.

(c) How to Withdraw Consent. You may withdraw your consent to receive Communications that we provide to you in electronic form by e-mailing us at contact@withcoverage.com. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however, your access and use of the Online Service may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after We have a reasonable period of time to process your withdrawal. Termination of your consent to conduct business electronically shall not affect legal enforceability of any Contract provided to you.

(d) How to Update Your Record. It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to these Terms of Us and your Contract, and to maintain and update promptly any changes in this information. You can update your information via our Website or by e-mailing us at contact@withcoverage.com, Attn: Customer Service. Please do not send confidential information to us via traditional e-mail, as we cannot guarantee that the transmission will be secure.

(e) Requesting Paper Copies. When you consent to receive Communications electronically, you should not expect to receive a paper copy of any Communication, unless you request it, a paper or other written copy is required by law, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, you may do so by e-mailing us at contact@withcoverage.com. We may charge you a reasonable service fee for a paper copy, of which we will provide you.

6. Minimum System Requirements

The following are the minimum system requirements in order to access, view and retain electronic Communications from us and use the Services:

7. Registration

As a condition to using certain features of our Services, we automatically create accounts for users. Your email address will be your username. Logins will require a one-time password or access to your email inbox for verification. You may not use an email address which purports to represent or impersonate a person other than yourself. We reserve the right to refuse or cancel registration of any username in our sole discretion. You are responsible for maintaining the confidentiality of your username and password. You further agree to notify us immediately, at contact@withcoverage.com, if you become aware of any unauthorized use involving your username and/or password. You further agree to timely review and reply as appropriate, to any transactional email notices we may send you regarding your With Coverage account.

8. Use of Our Services

Our Services, as well as their underlying processes, related content, and generated data, may not be used for personal, family, household, informational, or non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without With Coverage’s express written consent. Your use of our Services is not transferable by you to any other person or entity. Your access and use of our Services may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.

9. Prohibited Activities

You are responsible for anything you transmit to or through With Coverage’s Website or to With Coverage through email, short message service or text, voice calls, Facebook, X (formerly “Twitter”), Google Review, or any similar service. You represent that your transmissions to With Coverage are and will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:

10. Monitoring of Services

We reserve the right, but have no obligation to, monitor our Services for your or third party violations of the Terms of Service, take appropriate legal action against anyone who violates the Terms of Service, refuse or restrict access to or availability of any user’s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of With Coverage and its customers.

11. Termination of Your Account or Use of Our Services

We may restrict, suspend, or terminate your use of or access to our Services in the event that you violate the Terms of Service and, at our sole discretion, as permitted by law. We may change the Services or content, or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.

Your policy may be canceled or nonrenewed for reasons in accordance with state regulations including termination of the policy for a single claim or loss where allowed.

12. Content

With Coverage makes no representations or warranties about the suitability of the content of its Website for any purpose. With Coverage provides all content of its Website on an “as is” and an “as available” basis without any warranty of any kind. Please refer to your policy documents for your insurance terms.

13. Disclaimers and Limitations on Liability

With Coverage makes no warranty of any kind whatsoever – express or implied – with respect to the contents of its Services. WITH COVERAGE HEREBY DISCLAIMS ANY AND ALL implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. You expressly agree that your use of our Services is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability and completeness of ANY Services. We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees – express or implied – regarding quotes or offers provided on or through our Services. As such, we expressly disclaim all liability for any content, products, or services furnished from such service providers.

We further make no representations, guarantees, or warranties that our Services are appropriate or available for use in jurisdictions outside of the United States of America. If you access or otherwise use our Services from these jurisdictions, you do so of your own volition and risk, and are solely responsible for compliance with local and international law.

With Coverage will not be held liable to anyone for any liability arising out of, or in any way relating to, any damages, loss, or claim whatsoever, no matter how occasioned, in connection with or arising out of access to or use of the contents of its Services. In no event shall With Coverage be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, without regard to the form of any action, including, but not limited to, contract or negligence or other tortious actions, arising out of or in connection with the use, reproduction, or display of the content.

14. Representations and Disclaimers Related to Products or Services

With Coverage makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by insurers or other third parties through With Coverage’s Services. With Coverage believes the content provided through its Services to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise and, therefore, With Coverage does not warrant that its content is accurate, complete, and current. Content that With Coverage provides through its Services is meant to assist you with insurance and financial decisions. However, such information merely constitutes a general description of insurance coverage potentially available. Any particular coverage provided to you by With Coverage or any insurance company or other third party is subject to that party’s terms, conditions, exclusions, and underwriting practices. Any coverage recommendations made by With Coverage are based solely on a defined set of information provided by you and are limited to the products and coverages that With Coverage offers. You acknowledge and agree that such recommendations may omit coverage that may be necessary or advisable for you and such recommendations may differ from recommendations that you might receive were you to seek advice specific to your individual circumstances. You must submit a complete application to obtain a particular coverage. Issuance of insurance coverage is dependent on underwriting approval; availability and coverages may vary by state. You must verify information With Coverage provides through its Services before relying on that information in whole or in part. We also recommend that you obtain additional information and advice from your accountant, attorney, and other advisors that can take your individual circumstances into account. The insurance policy or other product or service you purchase from entities other than With Coverage forms the exclusive contract between you and the insurer or other third party, and you agree to not rely on the general information or descriptions of coverage made available through With Coverage’s Services. Our Service may provide you with offers or quotes with a third party provider of goods or services. However, you agree that we make no guarantee that all users will be provided with such a quote, and that some of these services may only be available to United States residents and corporations or only available in a portion of states. With Coverage may receive fees or commissions from insurers or other third parties with respect to certain transactions made in connection with our Services.

Nevertheless, you acknowledge that we are not responsible for any fee arrangement or the terms of any agreement you may enter into with a provider of a product or service through our Services. You hereby release With Coverage of any loss, cost, damages, or claim in connection with or arising from your use of a service or product, including any fees charged.

15. Representations to Us

By using our Services, you represent and warrant to us that:

You authorize With Coverage, as well as its agents and representatives, to obtain business credit reports and/or consumer reports covered under the Fair Credit Reporting Act (“FCRA”) from a credit reporting agency of With Coverage’s choice. You consent to With Coverage, from time to time, obtaining and reviewing consumer reports as needed in order to assess the insurability, or for any permissible purpose under the FCRA, with respect to you or the company or organization that you represent and/or own or operate. You understand that, pursuant to the FCRA, if any adverse action is taken based upon your consumer report, With Coverage will alert you to this fact and send you a summary of your rights.

To the extent you are applying for workers compensation insurance, you authorize the National Council on Compensation Insurance (“NCCI”) to release your prior, current and future experience rating worksheets and risk history report directly to With Coverage only for the purposes of insurance underwriting. You understand that the risk history report provides up to five years of payroll and loss history, policy cancellation information, classification codes, and policyholder name and address contained within NCCI records. You acknowledge that With Coverage requires this information in order to perform the services you have requested. You agree that NCCI will have no liability releasing the information as requested.

If any of the above statements are not true, you should not and are not authorized to use our Services.

16. Indemnification and Hold Harmless

By using our Services, you agree to indemnify, defend, and hold harmless With Coverage against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of our Services.

17. Fees and Charges.

You may choose to purchase products or services from us while using our Services, which may result in charges and fees to you, including but not limited to installment, service, and cancellation fees separate from the premium and commission that With Coverage may receive. The products and issues involved in understanding, evaluating, purchasing and managing your policies are complex and involve advice specific to your needs. You are under no obligation to purchase any insurance product in exchange for receiving these services.

You may be billed in the following scenarios:

Premiums are fully earned upon binding each of your insurance policy(ies), whether you pay them in full at policy bind or at each renewal. We will inform you in advance of any such premium charge or fee. Flat fees are charged at the start of services and will be covered by an additional services agreement.

18. Financial Decisions

Our Services offer a platform that provides you with access to information and third party providers of products and services. We do not endorse or recommend any of these providers, and do not act as an agent with respect to such providers or with respect to you. We do not investigate, guaranty or certify that such providers are appropriately licensed, certified, or otherwise qualified to offer these products and services. You agree that you are solely responsible to investigate these providers, and that you are solely responsible and liable for any products or services they may provide you that may give rise to costs, damages, liabilities, fees, or fines. We suggest that you consult financial advisers, insurance agents, or other qualified professionals who may be fully aware of your individual circumstances and needs prior to making any financial or insurance purchasing decisions. You agree that you are relying solely on your judgment and that of your advisors in purchasing products or services through our Services or based on information provided by our Services.

19. Intellectual Property Rights

Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. With Coverage makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Services as the rights related to these names, trademarks, or service marks belong to their respective owners. Any information, advice, data, software, or other content, which may be contained in or downloaded from our Services (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights. You are solely liable for any damages arising from your infringement of our or any third party intellectual property rights with respect to the Proprietary Marks, Content, Collective Work, Software, or third party names, trademarks or service marks. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Service.

20. No Third party Beneficiaries

The Terms of Service are between you and With Coverage, and no provision within the Terms of Service confers any implied or express right to any third party. The Terms of Service do not provide you with any authority to bind With Coverage in any way.

21. Assignment

You may not transfer, assign, or license your rights under the Terms of Service without our prior express and written consent.

22. Void Where Prohibited

Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, or our agents are licensed and permitted to sell our products and services. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law. Our Services Are Not Intended for Minors. Our Services are not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access our services. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.

23. Governing Law and Jurisdiction

You agree that the Terms of Service (and incorporated Privacy Policy and Cookies Policy) are governed and interpreted by the laws of the State of Delaware without regard to principles of conflicts of law. By using our Services, you agree to personal and exclusive jurisdiction of the state and federal courts of New York in order to resolve any dispute arising from your use of the Services, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.

24. Arbitration Agreement and Waiver of Class Remedies

(a) Arbitration Agreement. Any controversy or claim arising out of or relating to the Terms of Service shall be finally resolved by binding arbitration following the parties’ best efforts to settle such dispute, claim, question or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its procedures for consumer disputes, except for any rules or procedures permitting class actions or otherwise contradictory to the Terms of Service. An arbitrator shall wield exclusive authority to resolve all disputes, including whether this or any other provision contained in the Terms of Service is void or voidable. The arbitrator’s award shall be binding and entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause of the Terms of Service. The parties understand that, absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law, and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.

(b) Waiver of Class Remedies. The parties agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.

(c) Exception: Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court’s jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms of Service.

25. No Oral Modification

The Terms of Service may not be modified through oral agreement or statements. The individual employees of With Coverage, With Coverage’s partners, and With Coverage’s third party affiliates are not authorized to modify the Terms of Service except by the mechanism stated herein. Any employee offering to modify the Terms of Service is not acting as an agent of With Coverage or with proper authority to bind With Coverage. You agree not to rely on any statement, written or oral, by any employee or agent of With Coverage or any third party with respect to modification or interpretation of the Terms of Service.

26. Communications with With Coverage

In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals. Under no circumstance will your submission of information obligate With Coverage to pay you compensation.

You may provide your information as part of an attempted or completed request for a quote or offer for goods and services of a third party vendor. In doing so, you agree to allow With Coverage to use this information in any way consistent with the Terms of Service and our Privacy Policy. When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if your phone number is on any “do not call” list.

27. Severability

Except as otherwise provided herein, in the event that any provision contained within the Terms of Service is deemed to be unenforceable, invalid, or ambiguous, such provision shall be limited or discarded to the minimum extent necessary so that the remaining provisions of the Terms of Service remain in full force and enforceable.

28. Non-Waiver

Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein.

29. Force Majeure

Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated or usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party’s reasonable control.

30. Entire Agreement

The Terms of Service and only those Policies or Notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to our Services.

31. Notification of Changes

At its discretion, With Coverage may amend the Terms of Service from time to time. We will post any such material changes to our Website along with a notice indicating that the Terms of Service have changed at least thirty (30) days prior to the effective date of these changes, when practicable. Should we materially change the Terms of Service, you may cancel your account with us by contacting us in accordance with the “Contact With Coverage” provision of the Terms of Service before the effective date of the modified Terms of Service. You will not be bound by the updated Terms of Service if you cancel your account within this time period.

32. Notice

In the event With Coverage may choose or become obligated to provide you with notices under or related to the Terms of Service, you consent to receive such notices or related communications by With Coverage posting them on its Website, by sending them to you via an email address you provided, or by sending them to a postal address you provided, at our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.

33. Contact With Coverage

If you have any questions about the Terms of Service or wish to notify us in relation to your use of our Services, you may contact With Coverage by email at contact@withcoverage.com.