Last Updated: March 8, 2018
1.1 Insurance Policies
The Zinc Services will include an application for homeowners insurance (“HOI”). If you complete the application of insurance, you will receive coverage by Insurer with a term to be specified in the terms and conditions of your policy. All offers for insurance are made by Zinc and/or licensed retail insurance agents. The insurance policies are underwritten and issued by the Insurer, and mortgage originator or software vendors are acting solely as partners to Zinc.
1.2 Terms of Insurance Policies
1.3 Refunds and Cancellations
By accepting the final terms of the Zinc Services, you are agreeing to pay premium based on the terms and conditions of your policy, unless the policy is not issued. You are responsible for cancelling your policy by contacting the Insurer. Upon cancellation, you will receive a refund of the premium paid based on the terms of your insurance policy.
Before your policy term expires, you will be given an opportunity to renew your policy with the Insurer at a new premium rate. Refer to the terms of your insurance policy for more details.
1.6 Communications & Notifications
You consent that Zinc may provide you communications about your insurance policy and the Zinc Services electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. You also agree that we may contact you at any email address you have provided to us or that you may provide to the us in the future or the cellular phone number you provided to us at the time of application or any other phone number you may provide to us in the future. You agree that any such communication is not unsolicited for purposes of federal or state law.
You can opt out of these communications. However, Zinc's delivery of any Disclosures governed by the Zinc ESIGN Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
2. Your Information & Site Consent
2.1 Personal Information
You agree to provide us true and accurate answers and information about you at all times. You agree to keep us informed of any changes to your email address or cellular number so that you can continue to receive all Disclosures in a timely fashion. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zinc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zinc or Insurer has the right to deny your application or suspend your policy and refuse any and all current or future use of the Zinc Services. You also agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
2.2 Your Policy Security
You agree that you are fully responsible for any activity that occurs on your insurance policy through the Insurer.
2.4 Links to Other Web Sites and Content
The Site may contain (or you may be sent through the Site or the Zinc Services) links to other websites as well as other content belonging to or originating from third parties (the “Third Party Content”). These links are provided solely as pointers to information on topics that may be useful to users of the Services, and Zinc has no control over Third Party Content. Zinc makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Zinc warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites.
2.5 Intellectual Property
All content on the Site or used in the Zinc Services including but not limited to design, graphics, compilation, magnetic translation, digital conversion and other matters are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Zinc or one of its affiliates. The copying, redistribution, incorporation, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
"Zinc" is a trademark of Zinc Platform, Inc. Other featured words or symbols may be the trademarks of their respective owners.
Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Site, your use of the Zinc Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Zinc shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the "AAA") pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the "Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules.
The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Zinc each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
Except as explicitly provided in elsewhere in this Agreement, all claims you bring against Zinc must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
4. Miscellaneous Provisions
4.2 Limitation of Liability
Zinc and its Affiliates have no liability whatsoever for your use of any product available from or through the Site or the use of the Services. In particular, but not as a limitation thereof, Zinc and its affiliates are not liable for any compensatory, direct, indirect, special, incidental or consequential or punitive damages, whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor are the liable for any third party claims of any nature, even if advised of the possibility of such damages or claims. none of the services would be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the Site or Services shall create any warranty, representation or guarantee not expressly stated in this agreement. Neither Zinc nor its affiliates shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party.
Zinc and its Affiliates make no commitments or warranties about the content, reliability, or availability of the Services, service interruptions, or for any breach of security, systems failures and any errors or omissions in any information provided as part of the Zinc Services.
4.4 Enforceability and Governing Law
5. ESIGN Consent
This ESIGN Consent constitutes your consent to receive disclosures, communications and other information in electronic form pursuant to the terms and conditions set forth below. In connection with the Zinc Services, Zinc is required by law to provide you with certain disclosures. Without your consent, Zinc is not permitted to provide those disclosures to you online. If you do not consent to this ESIGN Consent, you should not use Zinc Services.
5.1 Your Consent
Before completing any transaction using the Zinc Services, you will be asked to consent to the Zinc Terms of Service by clicking the checkbox or “Pay Now” button. This action constitutes your electronic signature and manifests your consent and agreement to the following terms:
Zinc and/or Insurer may provide disclosures required by law and any other information about your legal rights and duties and your policy to you electronically.
Zinc and/or Insurer can send any communications about your policy or required disclosures to you electronically via our website or to the email address that you have provided in application.
Zinc will notify you via email when the Disclosures are available.
Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
This consent applies to any activity undertaken through the Services in the past, to all future disclosures and communications on your policy, to all future activities in which you use the Services, at any time, to any activity with us, and to other Disclosures that we provide to you by email.
5.2 Minimum Requirements
You understand that, in order to view and/or receive copies of the Disclosures, you may need a computer with an Internet connection with current and previous major releases of Chrome, Firefox, Internet Explorer and Safari as your Internet browser, a mobile device capable of receiving text messages, a valid email address, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
5.3 Withdrawal of Consent
You may withdraw your consent to receiving electronically the communications or information subject to your Zinc ESIGN Consent at any time by contacting us via email at firstname.lastname@example.org. The legal effectiveness, validity, and enforceability of all agreed to terms and conditions and any prior Disclosures will remain in effect. Any withdrawal of your consent will be effective only after we have a reasonable period of time to process your withdrawal.
5.4 Means of Communications
We may send any Disclosures to you via email to the email address that you have provided (or may provide later) to us or via text message to the mobile telephone number that you have provided (or may provide later) to us. You agree that Zinc is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by our failure to send such a notice to the mobile number or email address that you would have provided to us.
5.5 Legal Effect
Your consent to this ESIGN Consent means that Disclosures we send you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 5.3, above, prior to receiving such Disclosures. By clicking the checkbox or pressing the button “Confirm Coverage” or similar buttons indicating your authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper.