SMARTHOP TERMS OF SERVICE INSURANCE
Welcome to SmartHop! These Terms of Service (“Terms”) are a binding contract between you (“you” or “your”) and SmartHop Insurance Services, Inc. as well as its affiliates where applicable (“we”, “us” or “our” or “SmartHop”) with respect to our websites at www.SmartHop.com, and its subdomains (“Site”) through which we offer our services (together with our Site, our “Services”) as an insurance agent.
Before you click on the “Save and Continue” button or use our services, read these terms carefully. By clicking on the “Save and Continue” button or using our Services, you are agreeing to be bound by and are becoming a party to these terms. You represent and warrant that you have the authority to enter into these terms on behalf of any group or entity you represent. You hereby covenant to ensure that all users that gain access to our services from you are bound by these terms. If you do not agree to all of these terms, then do not click “Save and Continue” and do not access and/or use our services.
Additionally, by clicking “Save and Continue” or using our services, you agree to transact with us electronically. This means you agree to receive electronically all disclosures, communications, notices and other information that we may send to you or be required to send to you under applicable law or otherwise pursuant to the terms and conditions set forth below.
We offer our services as an insurance agent for small business. We are not an insurance provider and are not responsible for the provision of insurance policies. We may alter, suspend, discontinue or subcontract our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. To use our Services, you must have a computer with Internet access that can access our Site or a compatible mobile device enabled with our application.
Your access to the Services requires login credentials, including a User ID and password (“Credentials”). You authorize us to deny access to Services if we have reason to believe your Credentials have been accessed or used by an unauthorized actor. Any unauthorized access of the Services is strictly prohibited.
In using the Services with your Credentials, you hereby agree and warrant that:
- You will maintain the confidentiality and secrecy of your Credentials;
- You will notify us immediately if you have reason to believe an unauthorized actor has your Credentials or has otherwise accessed the Services on your behalf;
- SmartHop is entitled to rely and act upon your instructions as submitted through the Services;
- Neither SmartHop nor any of its affiliates are responsible or liable for any unauthorized us or access to your credentials unless such unauthorized use or access results from our gross negligence or intentional misconduct.
You further hereby agree to receive communications, including emails, text messages, push notifications, mail and telephone calls, that are related to the Services. You also agree that any communications from us may also include marketing materials from us or third-parties, and that any notices, agreements, disclosures or other communications that we send to you electronically are deemed to satisfy any legal communication requirements.
You may opt-out from receiving our marketing communications by emailing hello@SmartHop.co or selecting to unsubscribe as may be provided in the applicable correspondence. We may record and monitor any telephone or electronic communications with you for quality or security purposes, to evidence your transactions or communications with us, or to comply with applicable law.
Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to use our Services solely in the manner enabled by us and for your personal, non-commercial use. Your right to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing right is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services. We reserve all rights not expressly granted under these Terms.
Fees: Access to our Site is free. If you choose to purchase third-party products or services through our Service, the price of such products or services will be provided to you prior to completing your purchase.
Payments: Payment Methods and Currency. You agree that we may charge your payment method for any products or services you purchase through our Services (including but not limited to any additional premium, taxes, payment processing fees and late fees, as applicable). All payments must be made in United States Dollars.
Service Fees. As per your signed Fee Consent Agreement and Disclosure, you may be charged a service fee, separate from the premium and commission that SmartHop may receive. The products and issues involved in understanding, evaluating, purchasing and managing your polices are complex and involve advice specific to your needs. You are under no obligation to purchase any insurance product in exchange for receiving these services. This Service Fee is fully earned upon binding each of your insurance policy(ies), whether you pay it in full at policy bind and at each renewal, or 50% with your initial payment and the remaining amount over the life of the policy(ies). This fee is not refundable.
Payment Processing Fees. Separate from any broker fees and/or fees for third-party products or service you may be charged, when applicable, a Payment Processing Fee charged to handle the electronic verification and initiation of Electronic Fund Transfers (“EFT”) into the ACH system on your behalf will be charged per installment depending on the plan you have selected. This fee is not part of your premium.
Refunds. Except as may be expressly set forth on our Site from time to time or as required by applicable law, we have no obligation to provide refunds or credits.
Policy premiums paid in full: You may contact us to cancel your insurance policy at any time by calling Customer Service at (786) 535-7975. Cancellation requests submitted via email will require additional documentation including but not limited to signing a Cancellation Request/Lost Policy Release (LPR) form. Your policy will be canceled on the date requested in accordance with the terms and conditions of the policy and you will no longer have coverage after that date. If you wish to avoid a gap in coverage, you must take appropriate action prior to your current policy’s cancellation date. When you cancel your insurance policy, you may be subject to certain charges and fees as set forth by insurance laws and regulations. Any refunds due, less any premium or other amount owed, will be returned to your address on file or to your card/bank account on file within 60 business days of the cancellation. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, FOR ANY CANCELLATION BEYOND THE TERMS SET FORTH IN YOUR INSURANCE POLICY AND AS PERMISSIBLE BY LAW.
Policy premium financed through 3rd party company:Your insurance policy premiums are paid on a regular billing period based on the payment plan you selected at the time of purchase. You may contact us to cancel your insurance policy at any time by calling Customer Service at: (786) 535-7975. Cancellation requests submitted via email will require additional documentation including but not limited to signing a Cancellation Request/Lost Policy Release (LPR) form. Your policy will be canceled on the date requested in accordance with the terms and conditions of the policy and you will no longer have coverage after that date. If you wish to avoid a gap in coverage, you must take appropriate action prior to your current policy’s cancellation date.
When you cancel your insurance policy, you may be subject to certain charges and fees as set forth by the finance company and as set forth by insurance laws and regulations. For financed policies, any refund due to you will be remitted to you by the premium finance company once the premium finance company is notified, by the insurance carrier, that the policy has been canceled. This process can take up to 60 days. Therefore, your account may be debited for any payments due on that loan within those 60 days. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, FOR ANY CANCELLATION, INCLUDING EARLY CANCELLATION BEYOND THE TERMS SET FORTH IN YOUR INSURANCE POLICY AND AS PERMISSIBLE BY LAW.
Your coverage will cease on the date and time that the cancellation is processed by the insurance carrier. However, you are still subject to the terms and conditions of your premium finance agreement which may require you to make payments after your original request to cancel and before the time of your refund.
Certain coverage described on this website may not be available in the admitted market, and so such coverage may be sold on a surplus lines basis. This means it is available only through properly licensed excess and surplus lines brokers in accordance with applicable surplus lines laws. Placement of this coverage may be with insurers not licensed to transact insurance in your jurisdiction and therefore not subject to the same laws and regulations governing admitted insurers. Policy forms, conditions, premium, and deductibles may differ from those found in policies utilized in the admitted market. A state insurance guaranty fund will not support the coverage in the event the surplus lines insurer becomes insolvent.
The insured is responsible for all insurance premium and any applicable surplus lines, sales, use, excise or other taxes for coverage placed by us or our partner intermediaries. Failure to timely and fully pay premium as well as any applicable taxes or fees may result in cancellation of coverage.
Any descriptions of potentially available surplus lines products do not constitute a solicitation to purchase nor an offer to sell surplus lines insurance, but rather is provided for general information purposes only. Any descriptions are not an offer to sell or solicit surplus insurance to the general public.
We are not obliged to use any particular insurer and are not authorized to make binding commitments on behalf of any carrier, except in situations where we make such authorization expressly known to you. We are not responsible for any insurer’s solvency, the payment of claims, or any other financial obligations. We cannot guarantee coverage may be placed despite our efforts to do so.
You shall be solely and completely responsible for the accuracy and completeness of all information you provide to us or our partner underwriters, insurers, intermediaries, or other third parties. This includes information furnished on policy documents and applications prepared by us or our partners, which you shall be responsible for revising for inaccuracies, deficiencies or discrepancies. We shall have no responsibility to you or third parties for the information you provide and shall have no responsibility to independently verify such information. You warrant that we may reasonably rely on all such information in providing you with the services contemplated herein. We shall have no liability for any errors or omissions that arise from, in whole or in part, any lack of accuracy and completeness in the information you provide. You further acknowledge and understand that any failure to provide complete and accurate information may result in a denial of your claims or a recission of coverage.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above or below reasons or for any other reason, and if we do so, we may terminate your access to our Services.
You shall not, and shall not authorize or facilitate any attempt by another person to use our Services to:
Damage, disable, overburden, impair or interfere with any other party’s use of our Services.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services.
Use false or misleading information in connection with your user account or impersonate any other person living or dead, (you acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading, including a profile that impersonates a third-party).
Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
Exploit children under 18 years of age.Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
Create a false identity or engage in fraudulent activities.
Circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or SmartHop’s content.
Introduce viruses, worms, Trojan horses and/or harmful code to our Services.Use any robot, spider, site search/retrieval application or other automated device, process, or means to access, retrieve, scrape or index any portion of our Services or any content available through our Site.
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time-sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any content available through the foregoing; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive, source code from our Services; (iv) copy, modify, replicate, or redisplay any aspect of the Services, including our name or logo, or any text, images, or other content from the Services; (v) use any automated means (including without limitation the use of a program, robot, or scraper) to access the Services for any purpose; or (vi) contact other users of the Services for the purposes of solicitation or harassment with whom you do not have a prior, existing relationship. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all SmartHop’s content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third-party that arises in connection with (i) your posting of any content, (ii) your use of our Services, and/or (iii) any user or other third-party’s use of any content that you post to our Services. At our option, you agree to defend us from any such Claims.
Our Services link to or reference third-party sites, services or products. These are independent of us and not under our control. These links are provided to you as a convenience, and we are not responsible for the content of any linked third-party site. In addition, a link to any third-party site does not imply that we endorse or accept any responsibility for the content or use of such site. Prior to relying on any third-party website, you should conduct your own review of its accuracy, completeness, and suitability to your needs.
There may be situations where it is necessary or helpful for us to use third party intermediaries to better or more efficiently serve you. It may be the case that such intermediaries are compensated by commissions earned by placing coverage or by separate fee agreed to and paid by you. This compensation may be in addition to the compensation due to us.
Under no circumstances will we be liable for any loss or damage caused by the failure of our Services to operate as intended, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
Our services and all content on or accessible from our services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. specifically, but without limitation, we do not warrant that: (i) the information available through our services is free of errors; (ii) the functions or services provided by our services will be uninterrupted, secure or free of errors; (iii) defects will be corrected or (iv) that our servers or the server(s) that make our services available are free of viruses or other harmful components.
SmartHop is not an insurance underwriter nor an insurance company. SmartHop does not make any representations or warranties regarding the quotes, terms, rates, coverage or services offered to you by insurance companies through our service or site. SmartHop does not guarantee that the quotes, fees, terms, rates coverage or services offered by insurance companies through our service or site are the best available.
The information provided through our service and site is only a general description of insurance coverage that might be available for you to purchase, provided for your information and convenience. This includes any proposals to bind coverage, coverage descriptions or summaries, or certificates of insurance. These documents are not designed or intended to reflect the terms, conditions, limitations or exclusions of any policy; they do not constitute enforceable policy documents; and do not alter, amend, or expand coverage of any policy of insurance. The precise coverage provided to you by any insurance company is subject to the terms, conditions, exclusions and company underwriting guidelines of the insurance policy issued to you by the applicable insurance company. The insurance policy you purchase, and not the general information made available through the service, forms the contract between you and the insurance company. If you have any questions, please contact us by email at hello@SmartHop.co or by phone at (786) 535-7975 to obtain advice from one of our licensed professionals before making any coverage decision.
Any reports or advice provided by SmartHop shall not be relied on as accounting, legal, or actuarial or tax advice. Client should seek independent advice on these matters from professional advisors.
Disclaimer. In no event shall we be liable to you, any other user of our services, third-party providers or any other person or entity for any special, incidental, punitive, consequential, exemplary or other indirect damages (including without limitation damages for loss of profits, loss of data, loss of use or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of our services, your contact information, content or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages or losses.
Limitation. Our aggregate liability for all claims arising from these terms shall not exceed $100.00.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you but shall instead apply to the maximum extent permitted by law.
You release, to the fullest extent permitted by law, SmartHop, its directors, officers, members, employees, representatives, consultants, agents, suppliers and/or distributors from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with (i) disputes between or among users; (ii) third-party sites, products and services, including without limitation insurance policies; and (iii) claims relating to the unauthorized access to any data communications or content stored under or relating to your account, including unauthorized use or alteration of such communications or your content.
You hereby waive the applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916)
Our services are intended only for users located in those states in the United States in which SmartHop or any of its affiliates are licensed insurance agents or brokers. Our services are not intended as a solicitation for insurance in any state where SmartHop or any of its affiliates are not licensed. None of the information or descriptions contained in the Services should be viewed as an offer to sell, or solicitation for, any particular insurance product or coverage. Although our services may be accessible in other geographic locations, the features, products or services discussed, referenced, provided or offered as part of the services are only available to users in the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. any offer for any feature, product or service made available through our services is void where prohibited by law.
We make no representation of coverage for any claim or loss under any policy of insurance. Any coverage provided is subject to the terms, conditions, limitations, and exclusions for that particular policy as issued. In no event should the representations contained in the Services be relied upon to determine insurance coverage. Should there be any discrepancy between a description of coverage through the Services and the terms of an insurance policy, the terms of the insurance policy shall prevail.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at your registered email address. You agree that we are not liable to you or any third-party for any termination of your access to our Services. We may change and update our Services from time to time. By using the Services after we post any changes to the Terms, you agree to the changed Terms. We may add or remove features including without limitation making free services into paid services and vice versa. You may terminate these Terms at any time by ceasing to use our Services. Termination of these Terms will have no effect on any insurance policies you purchase in connection with our ServicesAccrued obligations and all provisions of these Terms that by their nature should survive will survive any termination of these Terms.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third-party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
We may provide you notice to the email address you provide to SmartHop during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process and you may give us notice to the address set forth on our Site as our address. In such case, notice shall be deemed given three days after the date of mailing.
These Terms, and any dispute between you and us, shall be governed by the laws of the State of Florida without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 18 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Florida, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
You may opt-out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your SmartHop account to which the opt-out applies and a clear statement that you want to opt-out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. You must use this address to opt-out:
SmartHop, Inc., ATTN: Arbitration Opt-out, 78 SW 7th ST 5th Floor Miami, FL 33130 United States.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 14, this Agreement to Arbitrate will survive the termination of your relationship with us.
SmartHop conducts business with multiple insurance companies and offers a variety of insurance products and coverage choices. As an insurance producer, we are authorized to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts. SmartHop’s software, along with its individual agents, shall from time to time, in the course of normal business, offer advice concerning the benefits of particular insurance contracts, to sell insurance and to obtain insurance for purchasers. The role of producer in any particular transaction typically involves one or more of these activities. SmartHop is compensated through commissions paid by insurers and/or fees agreed to with our clients.
We are typically compensated on a commission basis by the insurance company that is selected for the placement of your insurance policy. This commission percentage is determined by the insurance company and is calculated as a percentage of the insurance premium you pay. Such commission is fully earned at inception of the insurance programs SmartHop places on behalf of its clients, and SmartHop is entitled to retain such commission in the event of a midterm cancellation of coverage or a reduction in coverage resulting in a premium adjustment, except where prohibited by law.
From time to time, we may also receive contingent commissions from insurers due to the satisfaction of certain provisions. SmartHop’s eligibility for compensation through contingent commissions is measured through criteria including growth, volume, business retention and profitability of placements, and is typically based on the total amount of certain insurance coverages placed by SmartHop with the insurance company or the overall performance of the policies placed with that insurance company rather than on an individual policy basis. As a result, SmartHop may be considered to have an incentive to place your insurance coverages with a particular insurance company. These criteria are established by the insurers with whom we do business. Given the manner in which contingent commissions are earned, there is no exact method to determine, with certainty, the impact any one particular insurance policy placement will have on contingent commission arrangements. We strive for transparency with each Client and the final decision regarding coverage and market options is the Client’s decision.
SmartHop may charge fees for placement of admitted insurance policies (where allowed by law). SmartHop may negotiate a fee for services provided in the placement of non-admitted policies. Additionally, circumstances may arise, when quoted, that require a fee be paid for the filing of surplus lines policies. Persons and entities insured by surplus lines insurers cannot avail themselves of the protection and recovery afforded by the state insurance guarantee funds in the event the surplus lines insurer should become insolvent. The states do not audit the finances or review the solvency of surplus lines insurers.
Should you have any questions regarding our compensation for your specific insurance placement or more generally regarding our compensation, please contact us for more information.
If you are less than 18 years old, you are not authorized to use our Services or Site.
If you have any questions about these Terms, please contact us at: 78 SW 7th ST 5th Floor Miami, FL 33130 United States or via firstname.lastname@example.org
Copyright © 2021, SmartHop, Inc., All Rights Reserved.Terms of Service Version Updated: August, 3, 2021