Terms of Use
Last updated: June 17, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) BEFORE USING DISTRICT COVER’S WEBSITES, APPLICATIONS, PRODUCTS, AND/OR SERVICES (collectively, “SERVICES”).
The following Terms govern your use of all Services provided by District Cover, Inc., District Cover, Inc. d/b/a District Cover Insurance Services (in New York), District Cover, Inc. d/b/a District Insurance Services (in California) and its affiliates and subsidiaries (collectively, "District Cover", "we", "us", or "our”), including districtcover.com (our “Site”). By accessing our Services, you acknowledge and accept these Terms, District Cover’s Privacy Policy, and any other District Cover policies referenced herein, which taken together, represent our entire agreement regarding your use of our Services. From time to time, we may modify these Terms, and the modifications will become effective immediately. Accordingly, please review these Terms whenever accessing or using our Services to confirm your ongoing acceptance of these Terms. References to "you" or "your" in these Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of our Services. If at any time you do not wish to accept these Terms, you should discontinue use of our Services.
NOTICE OF ARBITRATION AGREEMENT
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DISTRICT COVER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. User Conduct and Restrictions
You may not use our Services or any aspect or feature thereof, in a manner that is illegal or in any way that might harm, damage, or disparage any other party. You also agree not to misuse our Services, or to use our Services in a manner that is inconsistent with these Terms. Further, you agree that you will: (a) review and comply with these Terms and our Privacy Policy; (b) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, regulatory requirements, and international sanctions, including those promulgated by the United States (U.S.) Office of Foreign Assets Control (OFAC); (c) provide accurate information to us in connection with our Services and update it as necessary; and (d) act honestly and in good faith when interacting with us. You also agree to immediately notify us if you become aware of any unauthorized use of our Services, or a security breach or other illegal activity in connection with our Services, generally.
By using our Services, you agree NOT to:
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);
Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, or harm another person, or engage in any other predatory behavior, including without limitation, sending unwelcome communications to others, or inciting others to commit violent acts;
Use or attempt to use another's account or create a false identity;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in our Services, except as permitted in these Terms, or as expressly authorized by us;
Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services, or any part thereof;
Utilize or copy information, content, or any data you view on or obtain from our Services to provide any service that is competitive, in our sole discretion, with our Services;
Adapt, modify, or create derivative works based on our Services or technology underlying our Services, in whole or part;
Rent, lease, loan, trade, sell, or resell any information on our Services, in whole or in part;
Use the communication systems provided by our Services for any commercial solicitation purposes, including to send unsolicited or unauthorized advertisements, spam, or chain letters;
Sell, sponsor, or otherwise monetize any service or functionality in our Services, without our express written consent;
Remove any copyright, trademark, or other proprietary rights notices contained in or on our Services (whether ours or our licensors');
Remove, cover, or otherwise obscure any form of advertisement included on our Services;
Collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from our Services (excluding your User Content, as defined below), except if the owner of such information has expressly permitted same;
Share other user’s or third-party's information or their User Content, as defined below, without their express consent;
Infringe or use our brand, logos, or trademarks in any business name, email, or URL except as expressly permitted by us;
Use or launch any manual or automated system or software, devices, scripts robots, or other means or processes to access, "scrape", "crawl", "cache", or "spider" any web page or other service contained in our Services, or to access our 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;
Use bots or other automated methods to access our Services, add or download contacts, send or redirect messages, or perform other similar activities through our Services;
Access, via automated or manual means or processes, our Services for purposes of monitoring its availability, performance, or functionality for any competitive purpose;
Engage in "framing", "mirroring", or otherwise simulating the appearance or function of our Site;
Attempt to or actually access our Services by any means other than through the interfaces provided by us, which includes accessing or attempting to access our Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to our Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious software programs through or on our Services; or
Interfere, disrupt, or game our Services, including, but not limited to any servers or networks connected to our Services, or the underlying software.
By accessing or using our Services, you confirm that: (a) you can form a binding contract with us; and (b) you have reached the age of majority in your jurisdiction of residence, as our Services are not intended for minors. If it comes to our attention through reliable means that a registered user is under the age of majority in their jurisdiction of residence, we will cancel that user's account and/or access to our Services. If you are using our 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.
2. Site Content
We endeavor to provide information that is correct at the time of inclusion on our Site, and in connection with our Services, generally. However, you should not rely on any Site content as legal, tax, financial, investment or other professional advice with respect to any individual or commercial situation. The content provided within our Services, including our Site, and any other content is for convenience and information purposes only. We accept no responsibility if the information on our Site is incomplete, inaccurate or out of date, and reserve the right to withdraw, change, or restrict the content on our Site at our sole discretion and without notice.
3. Privacy
All personal information contained or obtained through our Services will be handled in accordance with our Privacy Policy. By using our Services, you consent to all actions taken by us with respect to your information, in compliance with our Privacy Policy.
4. Intellectual Property
A. Copyright
All content made available through our Services, and specifically, the entire contents, features and functionality of our Site (including, text, graphics, videos, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the design selection and compilation of that content into one, coherent website), is the property of District Cover and protected by United States and international copyright laws and treaties. All individual articles, columns, and other elements making up our Site are also copyrighted works. Reproduction of the content of any of our Services without the written permission of District Cover is prohibited.
B. Trademarks and Service Marks
Our names, logos, trademarks, service marks, trade names, trade dress, designs, and sounds associated with our Site (collectively, “Marks”) are owned by District Cover or third parties. You may not use the Marks except as expressly provided in these Terms. You also acquire no rights by implication, estoppel or otherwise in the Marks used in our Site, other than the limited right to use our Site in accordance with these Terms. All goodwill generated from the use of our Marks will inure to our exclusive benefit.
C. General Rules
When using our Services, you agree to abide by all applicable copyright, trademark, and other laws regarding the proprietary rights applicable to your use of our Site. Users of our Services may be permitted to download certain material posted on our Site (e.g., white papers, blog postings or reports). When using downloadable materials, all copyright, trademark and other proprietary notices must be kept intact and remain in effect. We do not warrant or represent that your use of materials from our Site will not infringe on the property rights of third parties.
If you are blocked by District Cover from accessing our Services, including our blocking of your Internet Protocol (IP) address, you agree not to implement any measures to circumvent such blocking (e.g., masking your IP address or using a proxy IP address). Any rights not expressly granted herein are reserved by District Cover.
5. License to Access our Services
Subject to these Terms and our policies (including policies made available to you within our Services), we grant you a limited, non-transferable, non-exclusive, and freely revocable permission to access and use our Services.
Using our Services does not confer upon you any ownership interest in any aspect of our Site or any intellectual property rights in our Services or the content you access (other than your User Content, as defined below), which shall remain with us and our respective licensors. Any unauthorized use is in violation of these Terms and automatically terminates the permission or license granted by District Cover for your use of our Services and may also violate applicable laws. We reserve all of our rights in respect of such violations, including our rights to pursue any available legal or equitable remedy and seek recovery from you for the expense of doing so.
6. Accounts and Passwords
In order to access some or all of our Services, you will have to create an account. You hereby represent and warrant that the information you provide to us upon registration (including information provided through your linked Google or Facebook account, as applicable, or other third-party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. Your “account information” also includes any information you provide to us during the insurance application or claims process. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
All personal information associated with your account information or your use of our Services is collected, used, and disclosed in accordance with our Privacy Policy. If you are issued an account, you are responsible for maintaining the confidentiality of your account user ID and password, and you agree to accept responsibility for all activities that occur under your account user ID or password. Unauthorized access or use of such portions of our Services that require an account user ID and password is prohibited. You agree that you will notify District Cover 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 by contacting our Support team, available at help@districtcover.com. We reserve the right to, in our sole discretion, to refuse service, suspend or terminate accounts, or otherwise restrict access to our Services.
7. Fees
In order to purchase an insurance policy through our Services or other services made available by us, you may be required to provide us with information regarding your bank account, credit card, or other payment instrument. You represent and warrant to District Cover that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (e.g., a change in your billing address or credit card expiration date) that may occur.
You agree to pay District Cover the insurance premium amount for the insurance policy you have selected or other fees for other services you purchase from us in accordance with the terms of such policy and these Terms. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the insurance policy you have purchased. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. You shall be responsible for all taxes associated with our Services other than U.S. (and Canadian) taxes based on our net income.
We may choose to contract directly with licensed insurance producers to collect insurance premiums and/or other fees and taxes from you. If this is the case, none of the above responsibilities change.
When you access our Site through a mobile network, your network or roaming provider's messaging, data, and other rates and fees may apply and you will be responsible for all such charges. Downloading, installing, or using our Site may be prohibited or restricted by your network provider and our Site may not work with your network provider or device.
8. Parties and Third-Party Beneficiaries
These Terms are between you and District Cover only. We are solely responsible for our Site, including all Services provided via our Site. If you download a mobile version of our Site via the App Store or Google Play, Apple Inc. or Google, Inc., respectively, those providers shall be a third-party beneficiary to these Terms. However, these third-party beneficiaries are not a party to these Terms. You acknowledge and agree that your access to our Site using these third-party applications also shall be subject to the use terms set forth in the applicable third-party beneficiary’s terms of service. You will comply with all applicable restrictions, requirements, and rules that govern applications downloaded through the application store through which you obtained our Site (e.g., the App Store or Google Play). You acknowledge that the third-party beneficiaries have no obligation whatsoever to furnish any maintenance and/or support services with respect to our Site. You further acknowledge and agree that to the extent you have any claim arising from or related to your use of our Site, in no event will the third-party beneficiaries be responsible for any claims relating to our Site, including but not limited to: (a) intellectual property claims; (b) product liability claims; or (c) any claims arising under consumer protection or similar legislation.
9. Open Source Software
Certain software code incorporated into or distributed with our Site or otherwise with our 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.
10. Linking and Third-Party Websites
A. Linking
We may, now and/or in the future, allow you to link your account on our Site to your account(s) on third-party services, such as social networking sites ("Linked Accounts"). By linking to our Site, you represent that you have read and agree to be bound by these Terms. If you link your account on our Site to Linked Accounts, you are authorizing District Cover to store and use your access credentials to access your Linked Accounts on your behalf as your agent to integrate your experience with our Site with content, information, and features available through such Linked Accounts. This may include importing the contacts, preferences, interests, or "likes" of the Linked Accounts, and/or pushing updates regarding your use of our Services out to your Linked Accounts. Upon linking to our Site pursuant to these Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use our name solely for providing an underlined, textual link from your website to our Site. Without specific, written consent from us, you are not permitted to link to an internal or subsidiary page of our Site that is located one or several pages down from the home page (“deep link”), or bring up present content of our Site within another website (“frame”). Linking, accessing, or using a third-party service through our Site in this manner may be subject to additional terms established by the applicable third-party, and it is your sole responsibility to comply with such third-party terms.
B. Third-Party Websites
Our Site may contain links to third-party websites, applications, advertisers, services, special offers, events, or activities (“Third-Party Services”) that are not owned or controlled by us. These Third-Party Services are provided "AS IS" and governed by their own terms of service and privacy policies as set forth by the third-parties that provide them. In most cases, District Cover is not affiliated with those Third-Party Services, does not endorse them, has no control over them, and assumes no responsibility and/or liability for the content, privacy policies, or practices of any Third-Party Services. In addition, we will not and cannot censor or edit the content of any Third-Party Services.
If you access any Third-Party Services from our Site, you do so at your own risk. By using our Services, you expressly release us (and our owners, directors, officers, employees, agents, affiliates, successors, assigns, and licensors) from any and all liability arising from your use of any Third-Party Services. Accordingly, we encourage you to be aware when you have left our Site and to read the terms and conditions and privacy policy of all Third-Party Services that you visit.
11. Insurance Quotes and Coverages
All quotes generated by us are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided in our Services are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to District Cover, whether on our Site or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province/territory, and additional minimum coverage limits may be available in your state, province, or territory. The scope, limits, exclusions, premiums, and other aspects of the insurance coverages will be subject to the terms and conditions of the actual insurance agreement/policy that is issued to an insured. Please note that non-admitted insurance products are available only through a licensed surplus lines broker.
12. Claims Submissions
As an insured under a District Cover insurance policy, if you experience a loss and elect to report an insurance claim, the information you submit regarding your loss is subject to review and verification. We reserve the right to request additional information on behalf of the underwriting entities set out below on any reported insurance claim. A claim representative may be in communication with you regarding your claim. All policy provisions contained in your insurance policy remain in effect. If you have any questions concerning the coverage afforded by your insurance policy, please visit the District Cover Support page of our Site.
13. User Content
A. General: Our Site may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to us, you are granting us a license to use the User Content in order to make it available through our Site.
B. License Grant By You To District Cover: By uploading content to our Site, you are granting District Cover a license to display, perform, and distribute your User Content, and to modify (for technical purposes) and reproduce such User Content to enable us to operate our Services. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for District Cover to make such User Content available to, and pass these rights along to others with whom we have contractual relationships related to the provision of our Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your User Content to third-parties if we determine such access is necessary to comply with our legal obligations. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit, and to further grant the rights and licenses to District Cover as provided herein.
C. Materials You Submit: You acknowledge that you are responsible for the veracity and legality of any User Content that you submit via our Site or Services, generally. You agree that, in addition to the restrictions contained in Section 1, you represent and warrant that: (i) you own or otherwise control all of the rights to the User Content you upload; (ii) the User Content is accurate; (iii) the User Content you supply does not contain confidential or proprietary information; (iv) the User Content you supply does not violate any provision herein and will not cause any injury to any person or entity; (v) we are not under any obligation of confidentiality, express or implied, with respect to the use or processing of the User Content; (vi) we shall be entitled to use or disclose (or choose not to use or disclose) such User Content for any purpose, in any way; (vii) we may have something similar to the User Content already under consideration or in development; (viii) your User Content automatically become the property of District Cover without any obligation of District Cover to you; and (ix) you are not entitled to any accounting, compensation, or reimbursement of any kind from us under any circumstances. You also agree that, by submitting information via our Site or in connection with our Services, you grant us and our affiliates and subsidiaries permission to use User Content in connection with the operation of our and/or their business, including, without limitation, the rights to copy, distribute, transmit, reproduce, edit, translate, and reformat the content, unless prohibited by applicable law. Further, you agree to indemnify us for all claims resulting from any content you supply to us, including User Content.
14. Disclosure
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 these Terms; (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.
15. Indemnity and Release
Notwithstanding any other provisions herein, to the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, representatives, successors, assigns, and/or licensors, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accounting fees) arising from: (i) your use of our Services, including without limitation, your User Content; (ii) your violation of these Terms; and (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 our Services. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit, or proceeding.
To the maximum extent permitted by applicable law, you agree to release and discharge District Cover and any other third-party that may from time to time engage with our Site (whether as a participant or in an administrative, operational, or other capacity), and our and each of their respective owners, officers, directors, employees, agents, representatives, successors, assigns, and/or licensors, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your use of our Services.
16. Disclaimer of Warranties and Limitation of Liability
To the maximum extent permitted by applicable law, our Services are available "As Is." YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF OUR SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED AND PRODUCTS ARE SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM 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) WE DO NOT WARRANT THAT (i) OUR SERVICES WILL MEET ALL OF YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) ALL ERRORS IN THE SOFTWARE OR OUR SERVICES WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES 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 US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LINKS FROM OR TO WEBSITES OUTSIDE OF OUR SITE ARE MEANT FOR CONVENIENCE ONLY. YOUR ACCESS TO OR USE OF ANY OTHER WEBSITE IS AT YOUR SOLE RISK AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES IN CONNECTION WITH LINKING. WE ALSO DO NOT: (a) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, OUR SITE; (b) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEBSITE, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO OUR SITE; OR (c) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEBSITE, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO OUR SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DISTRICT COVER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS ($100.00 USD).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES, INCLUDING CANCELLATION OF THE INSURANCE POLICY.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
17. Monitoring and Enforcement; Termination
Our policy is to investigate violations of these Terms and terminate repeat infringers. We will investigate any violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in any such violations. You acknowledge and agree that we can take any technical, legal, and/or other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.
In particular, we reserve the right to investigate you, your business, and/or your owner(s), officers, directors, managers, and/or other principals, as well as your sites and/or the materials comprising the sites at any time and as reasonably necessary to provide our Services to you. These investigations will be conducted solely for our benefit, and not for your benefit or that of any third-party. If the investigation reveals any information, act, or omission, which in our sole opinion, constitutes a violation of any local, state, provincial, territorial, federal, and/or foreign law or regulation, constitutes a violation of these Terms, or is otherwise deemed to harm our Services, we may immediately prohibit your access to our Services. You agree to waive any cause of action or claim you may have against us for such action.
You agree that we, under certain circumstances and without prior notice, have the right to:
Remove or refuse to post any User Content on our Site for any reason;
Take any action with respect to any content that we deem necessary or appropriate, including if we believe that such content violates these Terms, infringes any intellectual property right, threatens the security of our Services, or could create liability for us;
As permitted by law, disclose your identity or other information to any third party who claims that material submitted by you violates their rights, including their intellectual privacy rights or right to privacy;
Immediately terminate your District Cover account, any associated email address, and access to our Site and associated Services without notice and for any reason, including: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) a request by you (self-initiated account deletions); (c) discontinuance or material modification to our Services (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (g) having provided false information as part of your account; (h) having failed to keep your account complete, true, and accurate; (i) any use of our Services deemed at our sole discretion to be prohibited; (j) use of fraudulent payment methods; or (k) nonpayment of any fees owed by you in connection with our Site and associated Services; and
Cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our Services.
Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account, access to our Services, or any disruption to your services that such a termination may cause. You expressly agree that in the case of a termination for cause, you will not have any opportunity to cure. YOU WAIVE AND HOLD HARMLESS DISTRICT COVER, ITS AFFILIATES AND SUBSIDIARIES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DISTRICT COVER OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS BY DISTRICT COVER AND FROM ANY ACTIONS OR CLAIMS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY DISTRICT COVER, THE FOREGOING PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Upon termination by District Cover (or your cancellation of your insurance policy with District Cover), you must promptly destroy all materials from our Site, excluding those documents or records that you are required by applicable law or regulation to maintain. These Terms shall survive any termination of your access to our Services, including our Site.
18. Modifications to our Site or Services and Software Updates
A. Modifications to our Site or Services: We are constantly changing and improving our Site and Services. We may add or remove functionalities or features, and we may suspend or stop all or part of our Services altogether. You can stop using our Services or cancel your account at any time. If you are an insured of District Cover, you may cancel your policy, subject to the terms of your insurance policy. We may also stop providing Services to you or add or create new limits to our Services at any time.
B. Software Updates: By downloading, installing, starting, or using our Site, you agree to receive automatic software updates, including any files that are automatically delivered to you by us (via online transmission, through a third-party distributor, or otherwise) to patch, update, or otherwise modify our Site.
19. Publicity
By agreeing to these Terms, you agree that District Cover shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website's homepage, to display your logo on the our Site, and to otherwise refer to you in print or electronic form for marketing or reference purposes. You may contact us at help@districtcover.com to request references, logos, or hyperlinks to your website be removed. We will comply with such requests at our reasonable discretion.
20: Relationship and Assignment
You acknowledge and agree that no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms or by your use of our Site and/or our Services.
We reserve the right, in our sole and absolute discretion, to transfer, assign, sublicense, or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, successor, or to any third-party whatsoever, without notifying you or receiving your consent. You shall not, by operation of law or otherwise, transfer, assign, delegate, sublicense, or pledge in any manner whatsoever, any of your rights or obligations under these Terms.
21. Entire Agreement, Waiver and Severability of Terms
We reserve the right to discontinue or modify any aspect of our Services at any time. These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, shall constitute the entire agreement between us concerning our Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements that may conflict with or purport to modify any aspect of these Terms. 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.
22. Governing Law and Jurisdiction
These Terms and your use of our Site and Services are governed in all respects by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Any dispute concerning our Services or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in the State of Delaware.
23. Dispute Resolution by Non-Binding Mediation Prior to Arbitration
A. Agreement to Mediate
This Dispute Resolution by Non-Binding Mediation Prior to Arbitration section is referred to in these Terms as the "Mediation Agreement". To the maximum extent permitted by applicable law, prior to initiating dispute resolution by arbitration you agree that any and all disputes or claims that have arisen or may arise between you and District Cover, whether arising out of or relating to these Terms (including any question regarding these Terms’ arbitrability, existence, interpretation, validity, breach, and/or termination of the business relationship created by it), our Services, any advertising, any aspect of the relationship or transactions between us and you, shall be attempted to be resolved through non-binding mediation. However, this Mediation Agreement shall not preclude either party from seeking injunctive relief, declaratory relief, or other equitable remedies from a court of competent jurisdiction in emergent circumstances. Further, this Mediation Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, territorial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
B. Mediation Process
The parties shall mutually select a qualified mediator within fifteen (15) calendar days of either party providing written notice to the other party expressing a desire to mediate a dispute. Each party agrees to participate in the mediation process in good faith and to make reasonable efforts to reach a mutually acceptable resolution. If the parties are unable to resolve a dispute through mediation within thirty (30) calendar days of the mediator's appointment, or if either party refuses or fails to participate in the mediation process after reasonable notice, then either party may initiate dispute resolution by arbitration in accordance with Section 24 of these Terms.
C. Confidentiality
The mediation discussions and any offers, promises, conduct, or statements made during the mediation process shall be confidential and shall not be admissible in any subsequent arbitration or judicial proceeding.
D. Cost of Mediation
At your request, District Cover may, in its sole discretion, pay some or all of your portion of the mediation fees. If you are able to demonstrate to the mediator that you are economically unable to pay your portion of the mediation fees or if the mediator otherwise determines for any reason that you should not be required to pay your portion of the mediation fees, District Cover will pay your portion of such fees.
24. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
A. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement". To the maximum extent permitted by applicable law, you agree that any and all disputes or claims that have arisen or may arise between you and District Cover, whether arising out of or relating to these Terms (including any question regarding these Terms’ arbitrability, existence, interpretation, validity, breach, and/or termination of the business relationship created by it), our Services, any advertising, any aspect of the relationship or transactions between us and you, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. However, this Arbitration Agreement shall not preclude either party from seeking injunctive relief, declaratory relief, or other equitable remedies from a court of competent jurisdiction in emergent circumstances. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, territorial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and District Cover are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
B. Prohibition of Class and Representative Actions and Non-Individualized Relief
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DISTRICT COVER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DISTRICT COVER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
C. Pre-Arbitration Dispute Resolution
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at help@districtcover.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to District Cover should be sent to District Cover, Inc., 2006 Acklen Ave, #120668, Nashville, TN 37212 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If District Cover and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or District Cover may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by District Cover or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or District Cover is entitled.
D. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of these Terms. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless District Cover and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 USD or less, District Cover agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000 USD, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
E. Cost of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. At your request, District Cover may, in its sole discretion, pay some or all of your portion of the Arbitration Fees. If you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, District Cover will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, District Cover will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
F. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
G. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (B) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (B) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless subsection (B) above is deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
H. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, District Cover agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of our Services, you may reject any such change by sending District Cover written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
25. Electronic Communication
By using our Services, you agree to have all records, including the insurance policy, provided to you in electronic form and sent to your primary email address. This consent, unless withdrawn, applies to all transactions between you and District Cover. 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. To withdraw your consent, you must email us at help@districtcover.com with the following subject line: “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal, and whether you want (a) all communications to be in paper form, and (b) your insurance policy to be sent to you in paper form.
26. Headings
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms.
27. Notice for California Users
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
28. Underwriting Entities
The following information is disclosed pursuant to various insurance laws. The insurance products provided subject to these Terms are underwritten by the following insurance companies:
Insurance Company: Vantage Risk Specialty Insurance Company
NAIC Identification Number: 16275
Principal Address: 123 North Wacker Drive, Suite 1300, Chicago, IL 60606
List of Jurisdictions where Insurance Company will Issue Policies: All 50 states and DC where Insurance Company is licensed
State of Domicile: Delaware
29. How to Contact Us
Our Services are controlled and operated by District Cover, Inc. located at:
District Cover, Inc. 2006 Acklen Ave, #120668, Nashville, TN 37212, 615-200-6404. For questions or concerns related to these Terms, you can email us at help@districtcover.com or send a letter to the above address, with Attention: Legal Department.