Tint Technologies Inc.
Insurance Brokerage Terms of Service
Please read these Insurance Brokerage Terms of Service (these “Terms”) carefully. By using the Services (as defined below), You acknowledge that You have read and understand these Terms and agree to be bound by them. If You do not accept or understand all of these Terms, do not use the Services or participate in any Insurance Policy (as defined below) until such time as You accept and understand all of these Terms.
As used in these Terms:
- “Broker” means Tint Technologies Inc. (d/b/a Tint Digital Insurance Agency in CA and NY).
- “Insurance Policy” means any policy upon which Broker is identified as the broker of record.
- “Services” means any and all services offered or performed by Broker in connection with Your participation in any Insurance Policy.
- “You” means the named insured under an Insurance Policy upon which Broker is the broker of record.
2. Structure of Coverage
The information contained in these Terms is not intended to constitute a recommendation, advice, or complete description of any insurance products, Services or insurance program. The availability of coverage under the Insurance Policy depends on the language of the Insurance Policy, the facts of the claim and the law of the jurisdiction governing the interpretation of the Insurance Policy. You must not rely on the information included in these Terms as an alternative to legal advice from an attorney, nor should You delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on this content.
3. Customer Warranties
By using the Services, You warrant that:
- You are at least 18 years of age and are eligible to enter into binding contracts including contracts for insurance on behalf of the named insured under the Insurance Policy;
- all information and/or documentation provided about Yourself is accurate and comprehensive;
- you will notify Broker of any changes in the information or documentation provided about Yourself or other material changes that could impact Your use of the Services;
- any information and/or documentation provided to Broker via electronic mail, website or other electronic medium will be deemed to be “in writing” and to have been “signed” and delivered for all purposes by You and that You will not contest the legally binding nature, validity or enforceability of any information and/or documentation provided to Broker via electronic medium;
- You will not use the Services for any false, fraudulent or illegal purpose;
- You will promptly and comprehensively read the terms of any certificate(s) of insurance of the Insurance Policy provided to You by Broker and bring to Broker’s attention any discrepancies and/or questions that may arise;
- In the event that You do not understand the terms of the Insurance Policy, it is Your duty and obligation to immediately contact Broker who will either respond to Your question directly or facilitate a response by the insurance underwriter as appropriate;
- Unless You promptly indicate to the contrary or raise a question, You: (i) fully understand the terms of coverage(s) of insurance being provided to You by Broker and You require no further explanation or information; (ii) acknowledge the coverage(s) of insurance being provided to You by Broker are adequate and appropriate for Your needs; and
- You are not, nor are You owned or controlled by, any person on the Specially Designated Nationals List published by the Office of Foreign Assets Control (OFAC), or otherwise subject to restrictions or sanctions administered by OFAC pursuant to any statute, executive order or regulation.
4. Limitation of Liability
uNDER NO CIRCUMSTANCES WILL BROKER BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF BROKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES OR CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (E) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; (F) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF BROKER, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICES; (G) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE) TO SUBMIT APPLICATIONS FOR INSURANCE PRODUCTS OR SERVICES; (H) ANY ACTIONS ASSOCIATED WITH THE SUBMISSION OR HANDLING OF A CLAIM; (I) ANY ACTIONS ASSOCIATED WITH THE DELAY IN ISSUING ANY CERTIFICATE OF INSURANCE OR THE HANDLING OR TRACKING OF CERTIFICATES OF INSURANCE; OR (J) ANY OTHER MATTER ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE CONTENT OR USER CONTENT. BROKER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SERVICES OR ACCESSING THE CONTENT. IN NO EVENT WILL BROKER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED THE AMOUNT OF COMMISSION, FEE OR OTHER REMUNERATION EARNED BY BROKER FOR PROVIDING SERVICES TO YOU FOR THE TWELVE (12) MONTHS PRIOR TO THE ALLEGED ACT CAUSING DAMAGES.
5. Notice of full and additional terms