Terms & Conditions

Table of content

1. You agree to these Terms and Conditions.
2. You authorize us to access your information.
3. You make representations and warranties to us.
4. We disclaim all warranties to you.
5. We limit our liability to you.
6. We prohibit certain, illegal conduct.
7. Your personal information is subject to our privacy policy.
8. You agree to protect our intellectual property.
9. You agree not to use our trademarks without our permission.
10. You agree not to use any Site Content without our permission.
11. If you believe your copyright has been infringed upon by any Site Content, you may submit a notification.
12. We grant you a license to use the Site.
13. We do not endorse Linked Websites.
14. Your submissions become our property.
15. U.S. Government users are subject to DFARS restrictions.
16. We offer various products, services, and terms that may not be available everywhere.
17. You must comply with applicable laws and regulations.
18. We may review, verify, or ask for more information concerning your claim submissions.
19. You agree to comply with the terms for electronic transactions.
20. We may contact you using text or call.
21. We may terminate these Terms and Conditions without notice.
22. Some provisions survive termination.
23. These Terms and Conditions state our entire agreement.
24. You may not assign these Terms and Conditions.
25. You agree to our governing law and jurisdictional requirements.
26. You waive any jury trial and class action rights.
27. Only unenforceable terms will be severed.
28. Our rights are not waived by our failure to exercise a right.
29. You may contact us with your questions or concerns.

1. 1.You agree to these Terms and Conditions.

   Spinnaker Insurance Company and its wholly-owned subsidiaries (collectively, “Spinnaker,” “we,” “our” and “us”), provide the websites, products, and services offered by or through one or more of us (collectively, the “Site”) subject to these Terms and Conditions (these “Terms and Conditions”). These Terms and Conditions are in addition to any other agreements between you and Spinnaker or the terms applicable to your specific product including, but not limited to, our insurance products. These Terms and Conditions also apply to our products and services that are not provided on our Site if we include these Terms and Conditions in your documentation for that product or service.
   
   Please read these Terms and Conditions carefully before accessing or using any part of this Site. By accessing or using this Site, you agree to be bound by these Terms and Conditions, as amended from time to time, as well as the Spinnaker Privacy Policy, which is hereby incorporated into these Terms and Conditions. By agreeing to be bound by these Terms and Conditions, you agree to be bound by the jury trial and class action waiver below. If you do not wish to agree to these Terms and Conditions, do not access or use any part of this Site.
   
   Spinnaker may change these Terms and Conditions at any time by posting changes to this Site, or on a website or app that replaces the Site, prior to the change becoming effective, or by notifying you via email or other correspondence prior to the effective date of the change. You agree to be bound by any changes to these Terms and Conditions thirty days after they are revised or when you use the Site after any such change is posted, whichever is sooner. Spinnaker may at any time and for any reason change or discontinue all or any portion of the Site or its features that are available through the Site by posting on this Site about those changes. The licenses, user obligations, and authorizations described herein are ongoing. If you disagree with these Terms and Conditions (as amended from time to time) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site. You may review the current version of these Terms and Conditions, which supersedes all previous versions, by clicking on the “Terms and Conditions” hyperlink.

2. 2.You authorize us to access your information.

   You hereby grant Spinnaker an irrevocable, worldwide, royalty-free license to any information, data, personal information, or other content you provide through the Site. You authorize Spinnaker to use this information, content, or other information we retrieve through the third-party sites on your behalf to provide the Site, content, or Spinnaker products or services, or for other permissible business purposes. Except as otherwise provided herein, Spinnaker may store, use, change, or display this information or create new content using this information.
   
   Where appropriate, as a part of the products or services we provide to you, by using the Site, you hereby authorize Spinnaker to access third-party sites, as your agent, to retrieve your information. Unless and until these Terms and Conditions are terminated, you grant Spinnaker the right to access information at third-party sites on your behalf. Third-party sites may rely on the authorizations granted by you or through your account. You hereby grant Spinnaker the right to access third-party sites to retrieve or use your information, as described herein, for the delivery of the Site or the materials, information, or opinions provided on, or available through, the Site (“Site Content”) and other purposes described in these Terms and Conditions.

3. 3.You make representations and warranties to us.

   You represent and warrant that:

   • you have the power and authority to agree to these Terms and Conditions;
   • all information you provide to Spinnaker in connection with the Site or Site Content is accurate, current, and complete;
   • you will not misrepresent your identity, account information, or Materials (including information relative to our providing you services);
   • you will keep any account information secure, up to date, and accurate; and
   • if you provide Spinnaker with credentials relating to third-party sites, you are a legal owner, or an authorized user, of the accounts at third-party sites that you include or access through the Site, and that you have the authority to (i) designate Spinnaker as your agent, (ii) use the services, and (iii) give Spinnaker the passwords, usernames, and all other information you provide.
4. 4.We disclaim all warranties to you.

   THE SITE, SITE CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE OR THROUGH OUR SUBSIDIARIES, AGENTS, AFFILIATES, OR THIRD-PARTY WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
   
   SPINNAKER, INCLUDING ANY PERSON ASSOCIATED WITH SPINNAKER, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SITE, SITE CONTENT, PRODUCTS, OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE OR THROUGH OUR SUBSIDIARIES, AGENTS, AFFILIATES, OR THIRD-PARTY WEBSITES. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
   
   WITHOUT LIMITING THE FOREGOING, NEITHER SPINNAKER NOR ANYONE ASSOCIATED WITH SPINNAKER WARRANTS OR REPRESENTS THAT THE SITE, SITE CONTENT, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THIS SITE OR THROUGH OUR SUBSIDIARIES, AGENTS, AFFILIATES, OR THIRD-PARTY WEBSITES WILL BE ACCURATE, COMPLETE, AVAILABLE, RELIABLE, ERROR-FREE, TIMELY, SECURE, OR UNINTERRUPTED OR MEET YOUR REQUIREMENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SITE, INCLUDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS; OR THAT ANY ERRORS WILL BE CORRECTED.
   
   SPINNAKER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES, QUALITY, CONTENT, OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE FOR SUCH WEBSITES.
   
   ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT MAY RESULT.
   
   "Linked Website” or “Third-Party Website” means any website owned by a third party to which or from which the website is linked. It includes any website or third-party service provider recommended by an employee, service provider, contractor, consultant, or agent.
   
   The information, products, software or service descriptions published on the Site or a Linked Website may include inaccuracies or typographical errors. Spinnaker disclaims liability for such errors and does not warrant or represent that the Site Content or a Linked Website is updated or complete. Spinnaker has no obligation to update any Site Content and may change or improve the Site at any time without notice. Spinnaker does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the Site.
   
   Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.

5. 5.We limit our liability to you.

   Spinnaker does not assume any liability for the Site Content. The Site Content is not and should not be construed as insurance advice. Reliance on the Site Content is solely at your own risk. Any insurance, product, or services purchasing conclusions and decisions such as coverage amounts, limits and deductibles are solely the responsibility of the insured. At the time of a claim, coverage will be determined in accordance with the terms of the applicable insurance policy, or product or service terms and not the Site Content. Accordingly, you are encouraged to view or download a specimen of your actual policy documentation, if available, prior to making any purchase decision.

   TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPINNAKER OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, OR ANY SERVICES, RECOMMENDATIONS, REFERRALS, OR PRODUCTS PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. SPINNAKER DISCLAIMS ALL LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE OF ANY SITE CONTENT.

   THIS LIMITATION OF LIABILITY INCLUDES, WITHOUT LIMITATION, PERSONAL INJURY, LOST PROFITS, GOODWILL, DATA OR OTHER LOSSES, COSTS OF OBTAINING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE, OR OTHER INTERCONNECTS, UNAUTHORIZED USE OR ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, STATEMENTS OR CONDUCT OF ANYONE ON THE SITE, ANY FORCE MAJEURE EVENT, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT, WHETHER OR NOT SPINNAKER HAS BEEN NEGLIGENT OR BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

   SPINNAKER SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS, INJURY, OR RISK INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OR APPLICATION OF ANY OF THE SITE, SITE CONTENT, CONTENT, OR SERVICES, WHETHER THEY ARE PROVIDED ONLINE OR IN PERSON.

   SPINNAKER HAS NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU MAY SUFFER AS A RESULT OF YOUR INTERACTION WITH SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, INSPECTORS, ADJUSTERS, CONTRACTORS, OR AGENTS, OR THE PRESENCE OF EITHER A SMART HOME DEVICE OR A SMART HOME DEVICE SERVICE PROVIDER.

   YOU WAIVE AND HOLD HARMLESS SPINNAKER, ITS EMPLOYEES, DIRECTORS, AGENTS, OR SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM OR RELATING TO ANY ACTION TAKEN BY SPINNAKER RELATING TO ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SPINNAKER OR LAW ENFORCEMENT AUTHORITIES.

   REGARDLESS OF THE LIMITATION OF LIABILITY DISCLAIMERS IN THIS SECTION, IF SPINNAKER IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $100.

   Some jurisdictions do not allow the exclusion of certain liabilities; therefore, some of the above exclusions may not apply to you.

6. 6.We prohibit certain, illegal conduct.

   You agree to use the Site only for lawful purposes.

   You agree not to do any of the following:

   (1) upload to or transmit on the Site any defamatory, derogatory, indecent, profane, obscene, harassing, violent, threatening, illegal or otherwise objectionable material, any material that is contrary to Spinnaker’s Privacy Policy or otherwise injurious to Spinnaker or third parties, or any material that may or does infringe in any manner on the copyright, trademark, or other intellectual property rights of any person or entity, or that contains privileged, confidential, proprietary, or trade-secret information of any individual or entity;

   (2) use the Site or Site Content to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;

   (3) intercept or attempt to intercept electronic mail not intended for you;

   (4) misrepresent an affiliation with any person or organization;

   (5) upload to or transmit on the Site any advertisements or solicitations of business;

   (6) restrict or inhibit use of the Site by others;

   (7) upload or otherwise transmit files that contain a virus or corrupted data, consist of or invoke malicious software code, or consist primarily of an unsolicited electronic mass mailing;

   (8) collect information about others (including email addresses) without their consent;

   (9) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site);

   (10) post “spam” or statements political in nature, use the Site to transmit commercial solicitations (except those Spinnaker pre-approves), post chain letters or engage in other similar activities;

   (11) use the Site or Site Content in any way that would be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Site or Site Content to impersonate another person or entity;

   (12) violate any applicable law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

   (13) use the Site or Site Content in a way that creates liability for Spinnaker or causes Spinnaker to lose the services of our service providers;

   (14) use the Site or Site Content to access the information and content programmatically by macro or other automated means;

   (15) use the Site or Site Content to permit unauthorized entry or access to computer systems;

   (16) use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, internet agent, or other automatic device, program, algorithm, or methodology that serve similar purposes to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site;

   (17) use the Site in any way that depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of the Site; or

   (18) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Spinnaker, may harm Spinnaker or users of the Site or expose them to liability.

   Any material, information, content, or opinions uploaded, expressed, or submitted to a message board, blog, chatroom, or any part of the Site, and all articles and responses to questions, other than Site Content (all individually considered “Material”), are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Spinnaker.

   Where an email address is required to upload Material, you agree to use a valid email address and represent that you are the individual identified by the address. If you wish to provide Materials to the Site, you are prohibited from impersonating any other individual or entity, or otherwise misleading anyone as to the origination of your Material. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Spinnaker, have full responsibility for such Materials, including, without limitation, its legality, reliability, accuracy, completeness, and appropriateness.

   You may not provide Materials that improperly use or share the personal information about others (such as full name, postal address, email address, telephone number, or any other personal attribute which would constitute harassment or an invasion of privacy) or infringe in any manner on the copyright, trademark, or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary, or trade-secret information of any individual or entity, or that may violate the legal rights of any person or entity in any jurisdiction or locale.

   Spinnaker further reserves the right, but does not assume any responsibility, to terminate any user’s access to all or part of the Site. Spinnaker assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. Spinnaker reserves the right to take any action it deems necessary to protect the safety, security, or privacy of users of this Site and the public. Spinnaker has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

   Spinnaker may deny you access and use of the Site and Site Content if you violate (as Spinnaker may determine in its sole and absolute discretion) any provision of these Terms and Conditions. Spinnaker reserves the right to seek all other remedies available at law or in equity. You agree, at your own expense, to defend, indemnify, and hold Spinnaker, its third party-service providers, and their officers, directors, employees, and agents, harmless from any claim or demand (including reasonable legal fees) made by a third party arising out of or relating to your access to, or use of the Site or any of the Site Content. This includes your breach of these Terms and Conditions, your violation of applicable laws, your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or any rights of any third party. You are solely responsible for preventing unauthorized access to your information or your use of the Site. Your failure to comply with the provisions of this Section may result in the termination of your access to the Site and may expose you to civil or criminal liability.

7. 7.Your personal information is subject to our privacy policy.

   Spinnaker’s collection, use, and sharing of your personal information and our responsibilities in connection with protecting your privacy are described in our Privacy Policy, which is hereby incorporated by reference into these Terms and Conditions.

   You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Spinnaker reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Spinnaker reserves the right to investigate suspected violations of these Terms and Conditions.

   Spinnaker may use or share your information (including without limitation, your personal information and other information described in Spinnaker’s privacy policy) for a variety of purposes. These purposes may include, without limitation, rating; claims; event reconstruction; investigations; making liability or coverage determinations; research; development; compliance with governmental, regulatory, or law enforcement requests; litigation; and other purposes as permitted or required by applicable law. We may use third-party service providers or partners for these purposes.

   Spinnaker may cooperate with any law enforcement authorities or court order requesting or directing Spinnaker to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any Materials that it determines in its discretion to violate these Terms and Conditions. Where required or permitted under applicable law, Spinnaker may use or share your information with law enforcement, governmental agencies, regulatory agencies, and others.

8. 8.You agree to protect our intellectual property.

   The entire contents of this Site (including all information, software, text, displays, images, and audio) and the design, selection and arrangement thereof, are proprietary to Spinnaker or its licensors and are protected by United States and international laws regarding copyrights, trademarks, service marks, trade secrets, international treaties, or other proprietary rights. You agree to abide by all applicable proprietary rights and laws, as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. You agree that Spinnaker retains all ownership and proprietary rights in the Site and Site Content. These Terms and Conditions grant you no right, title, or interest in Spinnaker’s intellectual property and create no relationship between you and Spinnaker.

9. 9.You agree not to use our trademarks without our permission.

   The term “Spinnaker Insurance Company” is a trademark and the Spinnaker logo and all related product and service names, designs, logos, trade dress, slogans, and other identifiers on our Site are trademarks of Spinnaker or its affiliates, unless otherwise disclosed. You may not use such marks for any purpose (including, but not limited to, use on other materials, in presentations, as domain names, or as metatags) without Spinnaker’s prior written permission. All other names, brands, and marks not owned by Spinnaker are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

10. 10.You agree not to use any Site Content without our permission.

    You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Site Content available on or through the Site for commercial or public purposes, without the prior written permission of Spinnaker.

11. 11.If you believe your copyright has been infringed upon by any Site Content, you may submit a notification.

    If you are a copyright owner or an agent thereof of a work protected by a United States copyright that has been linked to, posted, or stored on the Site without authorization and you believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, including a URL (if applicable). If multiple copyrighted works at a single online site are covered by a single notification, please provide a representative list of such works on that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (or access to which is to be disabled). Please provide information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and email address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate (under penalty of perjury) and that you’re authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed.

    Please direct copyright infringement notifications to:

    Spinnaker Insurance Company
    Attn: General Counsel
    1 Pluckemin Way, Suite 102
    Bedminster, NJ 07921
    cc: [email protected]

    You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid. If you believe that your content that was removed, or to which access was disabled, from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

    • Your physical or electronic signature;
    • Identification of the content that has been removed (or to which access has been disabled) and the location where the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;
    • Your name, address, telephone number and email address;
    • A statement that you consent to the jurisdiction of the federal court in or near Mountain View, California; and
    • A statement that you will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by the Copyright Agent, Spinnaker may send a copy of the counter-notice to the original complaining party informing them that Spinnaker may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, Spinnaker may, in its sole discretion, replace or restore content, and such action may take longer than 10 business days.

12. 12.We grant you a license to use the Site.

    Intellectual property laws protect Spinnaker’s Site Content. We hereby grant you a nonexclusive, nontransferable, limited, and revocable-at-any-time license to use the Site solely for your personal, non-public use or legitimate business purposes related to your role as a current or prospective customer, service provider, or another authorized user of Spinnaker.

    You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any Site Content without the prior written consent of Spinnaker, except to: (a) store copies of such Site Content temporarily on your device, (b) store files that are automatically cached by your web browser for display enhancement purposes, or (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such Site Content. The title and any intellectual property rights to Site Content remain with Spinnaker or the applicable owner of such content. Except as expressly authorized by Spinnaker in writing, you may not reproduce, sell, or exploit for any commercial purposes or for public use (i) any part of this Site, (ii) access to this Site, or (iii) use of this Site or Site Content available through this Site. Except as expressly provided above, all rights are reserved.

    Except as expressly provided above, no portion of the Site, the Site Content or any copyright, trademark, trade name, service mark, or any other proprietary information of Spinnaker (collectively, the "Intellectual Property") displayed on the Site or on any of the Site Content may be reproduced, altered, removed, transmitted, published, or distributed (whether electronically, mechanically, by photocopy, recording, or otherwise), without prior written permission from Spinnaker. Use of any Spinnaker’s trademarks as metatags on any third-party website is strictly prohibited. You may not co-brand the Site or display the Site in frames (or any of the Site Content through inline links) without prior written permission from Spinnaker. Co-brand includes your display of any of the Intellectual Property (or your taking of other means of attribution or identification of Spinnaker) in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish, or distribute the Site or any of its Site Content. You agree to cooperate with Spinnaker in causing any unauthorized co-branding, framing, or linking to immediately cease.

13. 13.We do not endorse Linked Websites.

    From time to time, Spinnaker may authorize Linked Websites to or from the Site. Linked Websites are controlled and operated by third parties, not by Spinnaker. The fact that Spinnaker authorizes Linked Websites is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to Linked Websites, its owners, sponsors, or providers.

14. 14.Your submissions become our property.

    You agree that all comments, suggestions, or other information (collectively, the “Information”) sent by you to this Site shall be (and shall remain) Spinnaker’s property, and you agree that all intellectual property rights therein are transferred to Spinnaker. None of the Information shall be subject to any obligation of confidence on the part of Spinnaker. Also, Spinnaker shall not be liable for any use or disclosure of Information. Without limiting the foregoing, Spinnaker shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever (commercial or otherwise), without compensation to the provider of the Information.

15. 15.U.S. Government users are subject to DFARS restrictions.

    Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth under these Terms and Conditions, DFARS 252.227-7013, FAR 52.227-14, and any other successor regulations that may be applicable.

16. 16.We offer various products, services, and terms that may not be available everywhere.

    Spinnaker is licensed as an insurance carrier in the states where Spinnaker offers its products and services. Where required by law, the products and services on this Site have been approved for use by the applicable state departments of insurance. Not all products and discounts are offered in all states. Spinnaker makes no representation that the products and services on this Site are appropriate or available for use outside of the states where Spinnaker is currently selling insurance. Products, services, coverages, discounts, insurance terms, definitions, and other descriptions on this Site are for general informational purposes only.

17. 17.You must comply with applicable laws and regulations.

    You are accessing the Site on your own initiative and at your own risk. You are responsible for compliance with all applicable laws, including all applicable federal, state, and local laws and regulations.

18. 18.We may review, verify, or ask for more information concerning your claim submissions.

    If you file a claim under your policy, the information you submit and the loss are subject to review and verification. We reserve the right to request additional information before making a final decision on your claim. In some cases, a claim representative may contact you regarding your claim. Your claim is subject to the provisions in your policy.

19. 19.You agree to comply with the terms for electronic transactions.

    We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Site or by phone. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Site, by phone, or through an agent or third party, you acknowledge that you have read and agree to our Electronic Transactions Agreement.

20. 20.We may contact you using text or call.

    Spinnaker, its service providers, and partners may contact you via text or voice call to provide you with their services. These services may include assisting you in the completion of an application for insurance or other marketing purposes by Spinnaker, its subsidiaries, its affiliates, independent contractors, or partner companies regarding Spinnaker’s products and services. Spinnaker may offer text messaging services to provide various types of information or services to our customers. Our customers may receive customer service, security-related, or marketing text messages.

    By using this Site, you agree to receive text messages from Spinnaker, its service providers, insurance agents, and partners at the mobile phone number you have provided to us. By providing us your mobile phone number, you confirm that you are the owner or primary user of the mobile phone number. You agree to receive automated texts to confirm your phone number. Message and data rates may apply. An automatic telephone dialing system or prerecorded voice message may be used for communication. Calls may be made even if your phone number is listed on a Do Not Call Registry. Consent to receiving recurring text messages is not a condition of service from Spinnaker. Frequency may vary and message and data rates may apply. If your mobile phone number changes, you are responsible for updating your information. You may do so by logging onto your account and changing your contact information. If you discontinue your phone service, you must unenroll from the text messaging services.

    For more information about the messaging programs we offer or if you have any questions or concerns about sending or receiving text messages, please contact us at 1-888-221-7742 or email us at [email protected]. You may view our Privacy Policy for more information about our privacy practices. If you want to opt out of receiving text messages from Spinnaker, please respond by texting STOP to the number you received a message from. We will send a confirmation message that validates your desire to unsubscribe.

21. 21.We may terminate these Terms and Conditions without notice.

    Spinnaker may terminate these Terms and Conditions or suspend or limit your account, the Site, or use of the Site or Site Content immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms and Conditions. Upon termination, you shall cease use of the Site and Site Content.

22. 22.Some provisions survive termination.

    Provisions that by their nature should survive termination of these Terms and Conditions must survive termination, including without limitation, sections relating to limitation of liabilities and disclaimer of warranties.

23. 23.These Terms and Conditions state our entire agreement.

    Except to the extent otherwise set forth herein, these Terms and Conditions set forth the entire understanding between Spinnaker and you with respect to your access to and use of the Site and Site Content. These Terms and Conditions replace all prior understandings between us.

24. 24.You may not assign these Terms and Conditions.

    You may not assign or transfer these Terms and Conditions. We may assign our rights or obligations without your consent or without notice. These Terms and Conditions will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any assignment or transfer in violation of these Terms and Conditions is void.

25. 25.You agree to our governing law and jurisdictional requirements.

    These Terms and Conditions are governed by the laws of the State of California, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the Spinnaker Site is in the state or federal courts located in or near Mountain View, California. You submit to the jurisdiction of such courts.

26. 26.You waive any jury trial and class action rights.

    WITH RESPECT TO ANY DISPUTE WITH SPINNAKER OR OUR SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS AND CONDITIONS, YOU HEREBY (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

27. 27.Only unenforceable terms will be severed.

    If any portion of these Terms and Conditions is found to be unenforceable, the remaining sections of these Terms and Conditions will remain in effect.

28. 28.Our rights are not waived by our failure to exercise a right.

    If Spinnaker fails to exercise any of its rights under these Terms and Conditions, any such failure will not constitute a waiver of such right or any other rights under these Terms and Conditions.

29. 29.You may contact us with your questions or concerns.

    If you have any questions or concerns about these Terms and Conditions, you may contact us at [email protected]; at 1-888-221-7742; or at Spinnaker Insurance Company, 1 Pluckemin Way, Suite 102, Bedminster, New Jersey 07921.