LAST UPDATED: AUGUST 15, 2023
This website and other websites operated or controlled by Coalition (collectively, the “Site(s)”) include content, text, information, advertising, data, audio/visual materials, and software (collectively, “Content”), as well as communication tools, access to email services (through Coalition), online directors, administrative services, download areas, discussion forums, search functionality, account management tools, access to certain content (e.g., industry forums, support pages, news, or other supported third-party content), certain diagnostic tools, and other information (collectively, the “Services”). The Services may themselves contain Content.
Acceptance of Terms:
Displayed Pricing and Errors: Coalition makes commercially reasonable efforts to maintain price, availability and information as accurately as possible. Prices for services are subject to change without notice. All trials, specials and promotions (collectively, “Programs”) are governed by the specific terms of those Programs, may be limited to certain locations, states, provinces, or territories, and may be withdrawn at the discretion of Coalition. Coalition is not responsible for typographical errors; and we make every effort to ensure the accuracy of pricing information displayed on our Sites. If an error is made and a service or product is listed at an incorrect price, Coalition shall maintain the right to refund or cancel and an order placed at the incorrect price.
Account Registration; Username and Password: If you access the Sites anonymously, you will not be required to create a username. However, In order to access some or all of the Services or Content, you will have to provide specific information required to create an account. You hereby represent and warrant that the information you provide to Coalition upon registration (including information provided through your linked Google or Facebook account, as applicable, or other third-party Linked Accounts, as defined below) (“Account Information”), 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 hereby represent and warrant that you will ensure that your Account Information is kept accurate and up-to-date at all times.
The inclusion of any Linked Accounts or content from the Sites does not imply endorsement of the Linked Account or its content by Coalition. In no event shall Coalition or licensors be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s website, including Linked Accounts, or the information or material accessed through such websites or links. Linking or access and use of any third party websites linked to or from any of the Sites is entirely at your own risk and is solely governed by the terms and polices applicable to said third party websites, and not these Terms. Accordingly, you should carefully review the privacy and other policies and terms of such third party websites prior to linking accounts to the Sites.
B. Third-Party Websites Any of the Sites may contain links to third-party websites, applications, advertisers, services, special offers, or other events or activities (“Third-Party Services”) that are not owned or controlled by Coalition. 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, Coalition 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 Service. In addition, we will not and cannot censor or edit the content of any Third-Party Services.
If you or anyone using your account to access the Site or Content, in Coalition’s sole discretion, violates these Terms or any other Coalition agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades Coalition or other user’s use of the Services then, without limiting any other remedy Coalition may have, Coalition may suspend, deny, or restrict your access to any Site or Content (and to take any other action Coalition deems appropriate to protect Coalition, our users and our products and services). Without limiting the general policy stated above, you agree NOT to use the Sites (including Linked Accounts to the Sites), or any Content or Services, to do any of the following without our express written consent:
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, harm another person, or engage in any other predatory behavior, including without limitation, sending unwelcome communications to others, or advocates or incites violence, criminal conduct or the violation of law or the rights of Coalition, its Licensors, employees or any third party;
use or attempt to use another's account or create a false identity;
infringes or misappropriates Coalition’s or a third party’s intellectual property, confidentiality, or other rights;
duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms;
decompile, disassemble, uses reverse engineering, decipher, or otherwise attempts to derive the source code for the computer systems and other technology that operates the Sites or Services, or that is available through the Services, or any part thereof;
utilize or copy information, content, or any data you view on or obtain from the Services or Content to provide any service that is competitive, in our sole discretion, with the Services;
adapt, modify, or create derivative works based on the Services or technology underlying the Services, in whole or part;
rent, lease, loan, trade, or sell/resell any information on the Services, in whole or in part;
use the communication systems provided by the 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 the Services;
remove any copyright, trademark, or other proprietary rights notices contained in or on the Services (whether ours or our licensors');
remove, cover, or otherwise obscure any form of advertisement included on the Services;
collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);
compiles, uses, downloads or otherwise copies any other users' or third party's usage information (whether such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
infringe or misappropriate Coalition’s or a third party’s brand, logos, or trademarks or other intellectual property, confidentiality, or other rights;
accesses (or attempts to access) any of the Content or Services by any means other than through the interface that is provided by Coalition. You specifically agree not to access (or attempt to access) any of the Sites through any manual or automated system or software, devices, scripts “robots,” “offline readers,” “bots,” bots, web crawlers, 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 the 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 online web browser;
use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
access, via automated or manual means or processes, the 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 the website;
attempt to or actually access the Services by any means other than through the interfaces provided by us, which includes accessing or attempting to access the 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 the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious software programs through or on the Services;
interfere, disrupt, or game the Services (or the servers and networks connected to the Services), whether via malicious software or otherwise, and including, but not limited to any servers or networks connected to the Services, or the underlying software;
provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization; or
Otherwise violates any local, state, federal, provincial or International law or regulation.
Additional access and use restrictions may appear elsewhere on the Sites. In particular, forums, blogs or similar community-focused Sites or Services may attach their own standards of conduct as is appropriate for the intended audience. You agree to abide by such additional restrictions.
By accessing or using our Services, you confirm that: (x) you can form a binding contract with us; and (y) you have reached the age of majority in your jurisdiction of residence, as the Services and Content 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 the Services. If you are using the 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. Consent to Monitoring; Enforcement and Termination: While Coalition is under no obligation to monitor the Sites, Content or Services, you agree that Coalition may monitor the Sites periodically to (1) comply with any applicable laws, rules, regulations or governmental requests; (2) to operate the Sites and Services properly and/or efficiently; (3) to assist those using the Sites, Content or Services; or (4) to protect itself and its users.
Coalition’s 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 Coalition can take any technical, legal, and 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.
You agree that Coalition has the right to and may, under certain circumstances and without prior notice:
Remove or refuse to post any User Content on the 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 the Terms, infringes any intellectual property right, threatens the security of the Services, or could create liability for Coalition.
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 Coalition account, any associated email address, and access to the Site, Content and associated Services without notice and for any reason, including: : (a) breaches or violations of the Terms or other incorporated agreements or guidelines; ( (b) a request by you (self-initiated account deletions); (c) discontinuance or material modification to the 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 the Services deemed at Coalition’s sole discretion to be prohibited; (j) use of fraudulent payment methods; or (k) nonpayment of any fees owed by you in connection with or associated with the Services.
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 Coalition’s sole discretion and that Coalition shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services 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 COALITION, ITS AFFILIATES AND SUBSIDIARIES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COALITION OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS OR CLAIMS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY COALITION, THE FOREGOING PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Upon termination by Coalition (or your cancellation of your insurance policy with Coalition), you must promptly destroy all materials objected from the Site or Services, 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 the Services, including the Site or Content. License to Access the Services: Subject to these Terms and our policies, including policies made available to you within the Services, which are owned by Coalition or its licensors, 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 the Services or the Sites or any intellectual property rights in our Services, the Sites or the Content contained therein, 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 Coalition for your use of the Services and may also violate applicable laws. Coalition reserves 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 so doing.
Copyright Notice; Intellectual Property and Submitted Materials Policies: A. Copyright All content made available through the Services, and specifically, the entire contents, features and functionality of the Site and Services (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 Coalition and protected by United States and international copyright laws and treaties. All individual articles, columns, and other elements making up the Site and the Services are also copyrighted works. Reproduction of the content of any of the Services without the written permission of Coalition is prohibited. Coalition has the right to terminate the account of repeat copyright infringer in appropriate circumstances.
B. Trademarks and Service Marks The Coalition name, logos, trademarks, service marks, trade names, trade dress, service names, design marks, and slogans associated with our Site or Services are trademarks, service marks, registered trademarks or registered service marks (collectively, “Marks'') of Coalition and may not be used in any manner without the prior written consent of Coalition. You also acquire no rights by implication, estoppel or otherwise in the Marks used in our Site or the Services, other than the limited right to use the Site, Content, and Services in accordance with these Terms. All goodwill generated from the use of Coalition’s Marks will insure to our exclusive benefit.
C. Intellectual Property and Submitted Materials Coalition expects that its users will from time to time use the Sites or Services to submit suggestions or comments about Coalition’s products or Services, including the Content or Sites. If you decide to transmit, upload, post or submit any creative feedback, ideas or materials using the Sites (collectively, “Submitted Materials”), you represent and warrant that: (i) such Submitted Materials are not confidential, secret or proprietary belonging to someone else; (ii) such Submitted Materials do not violate these Terms; and (iii) no other party has rights in the Submitted Materials, in whole or in part. You agree that you shall have no recourse against Coalition, or its licensors, successors, or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in the Submitted Materials or any portion thereof. Coalition is not responsible for back-up or restoration of Submitted Materials or for any loss of or disablement of access to your Submitted Materials.
D. 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 or Services. Users of the Services may be permitted to download certain material posted on our Site or Services (e.g., white papers, blog postings ore reports). When using downloadable materials, all copyright, trademark and other proprietary notices must be kept intact and remain in effect unless otherwise approved in writing by Coalition. Coalition does not warrant or represent that your use of materials from its Site or Services will not infringe on the property rights of third parties.
If you are blocked by Coalition from accessing the Services (including our blocking of your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any rights not expressly granted herein are reserved by Coalition. Disclaimer of Warranties: To the maximum extent permitted by applicable law, the Service is available "As Is." YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COALITION EXPRESSLY DISCLAIMS 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) COALITION DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 COALITION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LINKS FROM OR TO WEBSITES OUTSIDE OF OUR SITE OR PLATFORM ARE MEANT FOR CONVENIENCE ONLY. YOUR ACCESS TO OR USE OF ANY OTHER WEBSITE OR PLATFORM IS AT YOUR SOLE RISK AND COALITION WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES IN CONNECTION WITH LINKING. COALITION ALSO DOES NOT: (x) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SITE OR PLATFORM; (y) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEBSITE, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO OUR SITE OR PLATFORM; OR (z) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEBSITE, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SITE. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COALITION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COALITION HAS 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 THE SERVICE; (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 THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COALITION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COALITION IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (USD 100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE, 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. Indemnity & 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 the 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. These indemnity obligations will survive termination of your relationship with Coalition or your ceasing to use the Sites or 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 Coalition and any other third-party that may from time to time engage with our Sites or Services (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 the Sites or Services.
Insurance Quotes and Coverages: All quotes generated by Coalition 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 Coalition whether on Coalition's Platform, 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. Online Quoting Tool Online Quoting Tool is Coalition's application process and insurance coverage suggestion engine. The information provided by Coalition's Online Quoting Tool is not and should not be construed as insurance advice. Coalition is not liable for any inaccurate, missing, or misconstrued information and makes no guarantee as to the quality and precision of the content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits, and retentions are completely and solely the responsibility of the insured. Coalition may at our sole discretion change the Online Quoting Tool's content and information from time to time. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy and not the Online Quoting Tool. Accordingly, you are encouraged to view and/or download your actual policy documentation prior to making any purchase decision. Changes to the Sites and these Terms: All information posted on the Sites is subject to change without notice and Coalition reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Sites or any part thereof or any user or group of users, without prior notice and for any reason or no reason. Coalition reserves the right, from time to time, to amend or change these Terms (including any of the policies which may be applicable to the user of the Sites) by posting such revisions to the page located in this section (or successor Sites). You agree to visit the Sites periodically to be aware of and review any such revisions. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Services or access the Content after the date on which the Terms have changed, Coalition will treat your use of the Services and Content as acceptance of the updated Terms, with prospective effect.
These Terms, together with (i) any additional terms to which you agree when using particular elements of a given Site, and where applicable, (ii) any separate written or electronic agreement between you and Coalition, consistent the entire and exclusive and final statement of the agreement between you and Coalition with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Coalition with respect to such subject matter, excluding any insurance policy issued to you. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Governing Law and Jurisdiction: These Terms and your use of the Sites and Services are governed in all respects by the laws of the State of California, without giving effect to any principles of conflicts of laws. Any dispute concerning the Services or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in San Francisco County, California. Coalition may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties are not assignable by you without our written consent. These Terms do not provide any third party (other than Coalition’s licensors, successors or assigns) with remedy, claim, or right of reimbursement.
Notice for California Users: Under California Civil Code Section 1789.3, California users of the 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. 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 Coalition, whether arising out of or relating to these Terms (including any question regarding these Terms’ arbitrability, existence, interpretation, validity, breach ,or termination of the business relationship created by it), our Services, any advertising, any aspect of the relationship or transactions between us, 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. 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 Coalition 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 COALITION AGREE THAT EACH OF US 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 COALITION 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 Coalition is 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 firstname.lastname@example.org. 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 Coalition should be sent to Coalition, Inc., 1160 Battery St., Ste 350, San Francisco, CA 94111, United States ("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 Coalition and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Coalition may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Coalition or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Coalition 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_arbitration. 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 the 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 Coalition 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 USD 10,000 or less, Coalition 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 USD 10,000, 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. If the value of the relief sought is USD 75,000 or less, at your request, Coalition will pay all Arbitration Fees. If the value of relief sought is more than USD 75,000 and 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, Coalition 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, Coalition 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.
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.
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 the Terms will continue to apply.
H. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, Coalition 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 the Services, you may reject any such change by sending Coalition 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). Electronic Communication: By using the 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 Coalition. 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 email@example.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. 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 the Platform and/or the Services.
Coalition reserves 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, nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
Contacting Coalition: In the event that you have questions or wish to contact us about these Terms, please address your communication to: firstname.lastname@example.org. Alternatively, you can send written communication to us at:
548 Market Street,
#94729 San Francisco, CA 94104 (833) 866-1337 Attention: Legal Department
Coalition’s products are offered with the financial security of Allianz Group* (A.M. Best A+ rating), Arch Specialty Insurance Company (A.M. Best A+ rating), Ascot Group** (A.M Best A rating), Fortegra Group (A.M. Best A- rating), Lloyd’s of London (A.M. Best A rating), Swiss Re Corporate Solutions*** legal entities (A.M. Best A+ rating), Vantage Risk Specialty Insurance Company (A.M. Best A- rating), and Chaucer Insurance Company DAC (A.M. Best A rating).
© 2024 Coalition, Inc. | Licensed in all 50 states and D.C. | CA License # 0L76155
* Insurance products are offered in the U.S. by Coalition Insurance Solutions Inc., a licensed insurance producer and surplus lines broker. Insurance products may not be available in all states, For further details see here. ** Insurance products may be underwritten by Ascot Specialty Insurance Company, Ascot Insurance Company, or an affiliated company, which are members of Ascot Group. *** Insurance products may be underwritten by North American Capacity Insurance Company, Swiss Re Corporate Solutions America Insurance Corporation, or an affiliated company, which are members of Swiss Re Corporate Solutions. Fortegra® is the marketing name for the service contract and insurance operations of the subsidiaries of The Fortegra Group, Inc.