INSURAGUEST, INC. TERMS OF SERVICE
Last Updated: June 14, 2022
SCOPE OF THE TERMS OF SERVICE
1.1 The terms detailed below (the “Terms” or “Terms of Service”) are the legally binding terms and conditions that govern your use of the Products and Services (the “Product and Service”) provided by InsuraGuest, Inc., and its related entities, through this Website. BY CLICKING ON THE "Sign Up" BUTTON, COMPLETING THE REGISTRATION/SUBSCRIPTION PROCESS, AND/OR USING the Products or Services, you are accepting these Terms of Service on behalf of yourself or the entity that you represent or register, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service on behalf of yourself or the entity that you represent. You may not access or use the Products or Services, or accept these Terms of Service for yourself or for the entity you represent, if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms of Service, do not access and/or use the Products or services provided by InsuraGuest. YOU MAY NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE WEBSITE TERMS.
1.2 For the purpose of the following these Terms of Service, references to “We”, “Us” and “Our” include InsuraGuest and its affiliates, agents, representatives, successors and assigns. The terms “You”, “Your”, “Client”, “Owner”, “Guest” or “Purchaser” refer to the you or the entity you represent.
1.3 It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any InsuraGuest service providers. Certain other programs or services provided by InsuraGuest through linked websites or other channels, especially those relating to insurance coverages, may have additional terms and conditions regarding Your use of those services, and nothing in these Terms is intended to modify such terms and conditions. In the event the terms of such other linked websites or other channels, especially those relating to insurance coverages, have additional terms and conditions regarding Your use of those services which conflict with these Terms of Service, the terms of such other linked websites or channels shall govern. This is especially true of any insurance policies or coverages associated with InsuraGuest’s Products or Services.
1.4 InsuraGuest provides insurance products and services through its licensed insurance agency, InsuraGuest Agency, LLC (which uses the registered doing business as name of InsuraGuest Insurance Agency. Neither InsuraGuest nor InsuraGuest Insurance Agency is an insurance carrier. Instead, InsuraGuest offers the products and services of our partner carriers licensed to sell insurance in your state. Not all products are available in all states. InsuraGuest Insurance Agency is paid commission and may receive other compensation for its services.
1.5 The Products and Services, the software and certain information and content related and InsuraGuests.com, and any other InsuraGuest branded websites, web pages, mobile websites, and any mobile applications operated by InsuraGuest, are collectively, the “Platform”). Our Platform and the related Products and Services are aimed at assisting Hosts to address and manage certain economic risks they face in connection with their Accommodations or Events. InsuraGuest, Inc. provides its Products and Services for:
A. Property owners and managers (“Hosts”) who have accommodations to rent (“Accommodations”) to guests seeking to rent such accommodations (“Guests”). Such Hosts may provide Accommodations to Guests in vacation rentals, hotels, motels, resorts or other Guest accommodation facilities.
B. Participant event insurance coverages for: Owners of hospitality facilities, such as ski resorts, which offer specific event participation (“Events”) to Guests (such as skiing), and the Guests, Participants or Purchasers who purchase a Product or Service in connection with the Purchaser’s, Participant’s or Guest’s participation in the Event. Such event-based Products and Services are described on InsuraGuest’s “ISG Active” website ISGactive.com
1.6 InsuraGuest is not a party to any agreements entered into between Hosts and Guests, nor is InsuraGuest a real estate broker, payment agent, or insurer. InsuraGuest has no control over the conduct of Hosts, Guests, and other users of the Platform, Products or Services or the condition of any Accommodation or facility used for an Event, and disclaims all liability in this regard to the maximum extent permitted by law. Unless explicitly specified otherwise in writing, InsuraGuest is not an owner, operator, or listing agent of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations, and is not the organizer, operator or owner of any Event covered by a Product or Service.
1.7 All of the Products and Service provided by InsuraGuest are subject to the terms of the insurance policies which are made available as part of those Products and Services. Summaries of the terms of those policies for the particular Products and Services are found at the following links:
A. Summaries of the insurance policy for the Products and Services for Accommodations:
B. A summary of the insurance policy for the Products and Services for Events:
Event Participant Summary of Coverage Download PDF
1.8 The Products and Service provided by InsuraGuest in connection with Accommodations also are subject to the terms of InsuraGuest’s Risk Purchasing Group Member Agreement and an accompanying licenses agreement. The terms of those agreement are incorporated herein are found at the following links:
The InsuraGuest Risk Purchasing Group Member Agreement: InsuraGuest Member Agreement
The InsuraGuest Licensing Agreement: Software License Agreement
1.9 PLEASE BE AWARE THAT PROVISIONS OF THESE TERMS OF SERVICE BELOW CONTAIN TERMS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. IN PARTICULAR, THOSE PROVISIONS CONTAIN AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
1.10 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF UTAH CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS OF SERVICE.
1.11 Please note that these Terms are subject to change by InsuraGuest in its sole discretion at any time. When changes are made, InsuraGuest will make a new version of the Terms available at InsuraGuest.com. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new users of the Platform and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. InsuraGuest may, in its sole discretion, require you to provide consent to the updated Terms in a specified manner before further use of the Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services and/or the Platform. Otherwise, your continued use of the Services and/or the Platform constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
2.1. Account Creation. To use the Platform, you must have a registered account (“Account”) with InsuraGuest. You do so by filing out and submitting the informational forms made available on this Site. When you register for an Account, you must provide complete and accurate information about Yourself, and if you are a Host, your Accommodations or Events, and you agree to maintain the accuracy of such information. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts.
2.2. Account Responsibilities. InsuraGuest prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your personal use. You are responsible for all activities that occur under your Account. You agree to immediately notify InsuraGuest of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. InsuraGuest cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible to provide information about Yourself, Your Accommodations and Your Events to allow InsuraGuest to confirm and provide the coverages offered in connection with the Products or the Services, and to enable InsuraGuest to charge and collect the fees associated with the Products and the Services.
Insurance Related Products and Services.
3.1 InsuraGuest has made arrangements with United States Fire Insurance Company, corporation, and other insurance carriers (the “Insurer”), to provide insurance coverage to Hosts, Guests, Participants and Purchasers with respect to certain liabilities arising from the rental transactions entered into between the Hosts, Guests, Participants and/or Purchasers. The specific terms of coverage can be reviewed at the links contained in paragraph 1.7 above.
When You purchase an InsuraGuest Product or Service, you enter into an agreement, and you will be extended certain liability coverage associated with your Accommodation or Event. You agree to be bound by the terms and to be subject to the conditions of the insurance policy issued by the Insurer for such coverage, and agree to abide by the terms of the the insurance as set forth by InsuraGuest and/or the Insurer, including but not limited to remittance of collected insurance charges and other fees or charges, assistance in claims submissions and assistance in claims investigations. Even in the event these Terms are terminated for any reason, Hosts or Guests who have been issued insurance may retain their coverage. Upon such termination, You agree to continue to administer the insurance to Guests who have purchased such Products or Services as of the date of termination and make any necessary payments to InsuraGuest that were incurred prior to termination, and you agree to indemnify and hold InsuraGuest (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your failure to do so.
If you are purchasing insurance or making a claim against an insurance policy, you must review the applicable fraud warnings contained in the polices issued by the Insurer and You must be aware of Your duties to be truthful in connection with any and all information You provide in connection with any claim made under the insurance polices connected to the Product or Services.
As a Guest, you are generally responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals with whom you invite to, or otherwise provide access to, the Accommodation. You understand that any insurance that is extended to you will not cover intentional acts, wanton acts, malicious acts, or willful acts, and may not cover gross negligence. In the event that a Host claims damages from the type of acts described in the preceding sentence and provides evidence of damage, including but not limited to photographs, Guests agree to pay the cost of replacing the damaged items with equivalent items. You understand and agree that Host may make a claim under your insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host. You agree to cooperate with and assist Host, InsuraGuest and an Insurer in good faith, and to provide Host, InsuraGuest or an Insurer with such information as may be reasonably requested by the same, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Host may reasonably request to assist Host, InsuraGuest or the Insurer in accomplishing the foregoing.
Guests, Participants, Purchasers and Hosts agree to cooperate with and assist InsuraGuest in good faith, and to provide InsuraGuest with such information and take such actions as may be reasonably requested by InsuraGuest in connection with any claims made relating to Accommodation or Event Products or Services or with respect to any investigation undertaken by InsuraGuest or a representative of InsuraGuest regarding use or abuse of the Platform or the Products or the Services. (f) The Assurance Services offered by InsuraGuest are provided “as is”, with no warranties of any kind. InsuraGuest is not acting as an insurance carrier, agent, underwriter or third-party administrator with respect to the Assurance Services. InsuraGuest has no authority to bind coverage, pay claims of insurance, provide advice concerning coverage, engage in the sale, solicitation and negotiation of insurance or engage in any other activity that would require an insurance producer, third-party administrator or managing general agency license. The Assurance Services offered by InsuraGuest does not include the sale, solicitation, negotiation or underwriting of insurance or the payment and processing of insurance claims. All of the Assurance Services provide by InsuraGuest shall consist solely of administrative services related to the management of the Assurance Services, including enrolling Guests into the insurance plan, collecting the insurance premium, forwarding insurance data and claims information to the Insurer and providing certain technical services in support of the Assurance Services. All fees owed to InsuraGuest that are connected to the Assurance Services shall be service fees intended solely as compensation for the administrative services provided by InsuraGuest and not as insurance commissions. InsuraGuest will act as a facilitator to enable Guests and Hosts to communicate with and to use insurance and file claims with the Insurer; however, InsuraGuest expressly disclaims any liability for processing or payment of claims.
4. ACCESS TO THE PLATFORM
4.1 Grant of Rights.Subject to these Terms, InsuraGuest grants you a non-transferable, non-exclusive, revocable, limited right to access the Platform to use the features and functional of the Products and Services, in each case solely for your own personal or internal business purposes.
4.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof.
4.3 InsuraGuest reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that InsuraGuest will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
4.4 No Support or Maintenance.You acknowledge and agree that InsuraGuest will have no obligation to provide you with any support or maintenance in connection with the Platform.
4.5 Excluding any content that you may provide in connection your Accommodation or Event (“Your Content”), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform, the Products and the Services and their content are owned by InsuraGuest or InsuraGuest’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth above InsuraGuest and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
6 YOUR CONTENT AND CONDUCT
6.1 Your Content.“Your Content” means any and all information and content that a user submits to, or uses in connection with, the Platform, the Products or the Services, including, but not limited to profile information. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party. You hereby represent and warrant that Your Content does not violate our Acceptable Use Policy below. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by InsuraGuest or an Insurer. Because you alone are responsible for Your Content, you may expose yourself to liability if, for example, Your Content violates the Acceptable Use Policy. InsuraGuest is not obligated to backup any of Your Content, except as may required by law, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire.
6.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to InsuraGuest an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use Your Content, and to grant sub-licenses of the foregoing rights, for any business purpose of InsuraGuest. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
6.3 Feedback. You hereby grant to InsuraGuest a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Platform, Product or Service any suggestions, enhancement requests, recommendations or other feedback you provide relating to the Platform, Product or Service (“Feedback”). InsuraGuest will treat any Feedback you provide to InsuraGuest as non-confidential and non-proprietary. You agree that you will not submit to InsuraGuest any information or ideas that you consider to be confidential or proprietary.
6.4 Acceptable Use Policy.The following terms constitute our “Acceptable Use Policy”:
6.4.1 You agree not to use the Platform to collect, upload, transmit, display, or distribute any of Your Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
6.4.2 In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (v) harass or interfere with any other user’s use and enjoyment of the Platform; (v) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (vi) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations and standards of rental associations, or other similar organizations which have the effect of binding Hosts or Guests, (vii) request or book a stay at any Accommodation or participation an Event if you will not actually be staying at the Accommodation or participating in the Event yourself, unless InsuraGuest explicitly permits otherwise; (viii) use our Platform or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers; (ix) “stalk” or harass any other user of our Platform, Products or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a InsuraGuest Guest or Host; (x) recruit or otherwise solicit any Host or other user to join third-party services or websites that are competitive to InsuraGuest or its partners, without InsuraGuest’s prior written approval; or (xi) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
6.5 Enforcement. We reserve the right (but have no obligation) to review any of Your Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account, and/or reporting you to law enforcement authorities.
6.6 Reporting Misconduct. If You stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (1) engages in offensive, violent, or sexually inappropriate behavior, (2) you suspect of stealing from you, or (3) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to InsuraGuest by contacting us; provided that Your report will not obligate Us to take any action beyond that required by law (if any) or cause us to incur any liability to You. If any person contacted through InsuraGuest is causing or threatening harm to life or property, the authorities should be contacted on an emergency basis.
6.7 Your Obligations
6.7.1 You will provide all necessary information with respect to each Accommodation or Event You own or operate which is subject to the terms of a Product or Service. You are not required to enroll all of Your Accommodations or Event with InsuraGuest’s Program or Services, but every paid stay by a Guest at Your Accommodation or paid Participant at an Event that has been enrolled in an InsuraGuest Program or Service must result in the generation of fees and revenue pursuant to the term of the Product or Service. Insurance coverage will be void with respect to the specific Accommodation if every Guest stay at that Accommodation during an effective period of coverage under the terms of a Product or Service does not generate such fees or revenue pursuant to the terms of the Product or Service. Upon the voiding of the Insurance coverage, all unpaid amounts with respect to the Accommodation or Event in question are immediately due and payable, and InsuraGuest may immediately disable Your access to the Product or Service.
6.7.2 You will at all times comply with these Terms of Service and to the terms of the agreements and insurance policies referred to in these Terms of Service, all of which may be amended from time to time at the sole discretion of InsuraGuest. You will keep usernames, passwords, and other credentials associated with its accounts secure, and will be solely responsible and liable for any activity that occurs under its account. You shall notify InsuraGuest promptly of any incident affecting consumer data or any security breach that results in unauthorized access, use or disclosure of confidential information of any type (such disclosures referred to as a “Security Breach”) with a detailed description of the Security Breach, including the type of data that was the subject of the Security Breach, the identity of each affected person, if any, and any other information InsuraGuest may reasonably request concerning such affected persons and the Security Breach.
6.7.3 You will comply with all applicable laws, rules, and regulations in the performance of Your obligations and exercise of its rights hereunder.
6.7.4 Any unauthorized use of any function of the Product or the Services is a violation of this Agreement and may violate certain Country or United States of America federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
6.7.5 You will provide InsuraGuest with sufficient information of each Guest, Participant and Purchaser that is necessary to carry out the InsuraGuest Products or the Services You select.
6.7.6 Upon its request, InsuraGuest may review Your records of Accommodation and Event usage and participation to audit that all eligible Guest stays or Product or Services usage for an enrolled Accommodation or Event. You agree shall maintain those records for at least three years to permit the audit of its obligations under this Agreement.
6.7.7 You must notify InsuraGuest as soon as practicable but no later than sixty (60) calendar days after a Guest’s departure from an Accommodation or participation in an Event, of an “occurrence” or an offense which may result in a claim. To the extent possible, this first notice of loss should include:
(a) How, when and where the “occurrence” or offense took place;
(b) The names and addresses of any injured persons and witnesses; and
(c) The nature and location of any injury or damage arising out of the “occurrence” or offense.6.7.8 If a claim is made or legal action is brought against any insured, You must:
(a) Immediately send InsuraGuest copies of any demands, notices, summonses or legal papers received in connection with the claim or “action”;
(b) Authorize InsuraGuest and the Underwriter to obtain records and other information;
(c) Cooperate with InsuraGuest and the Underwriter in the investigation, negotiation or settlement of the claim or defense against the “action”; and
(d) Assist InsuraGuest and the Underwriter, upon request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply.
6.7.9 If a claim is made or “action is brought against any insured, InsuraGuest and the Underwriter reserve the right to inspect and or verify damages arising out of the “occurrence” or offense before any benefit under the terms of a Product or Service is made.
6.7.10 Proof of loss forms and documents must be submitted no later than sixty (60) calendar days of the occurrance which result in a claim.
6.7.11 Claims documents required, as per policy including but not limited to:
(a) Claims Form;
(b) Police Report in the event of theft, mysterious disappearance or similar occurrence;
(d) The inventory of damaged items with report estimates where applicable;
(e) Receipt and invoices; and
(f) Other documents as may be reasonably required.
6.7.12 Exclusions include any exclusion listed in a policy covering the Product or Service:
(a) Wear and tear
(b) Damage caused by weather
(c) Damage not caused by the guest
(d) Liability related to use of recreational equipment (ATVs, golf cart, bikes, kayaks)
(e) Liability related to pets, including bites
(f) Liability resulting from bed bugs
(g) Liability from viruses
(h) Liability related to invasion of privacy
(i) Liability for injuries a guest causes to another guest
(j) Liability for damages a guest causes to neighbors, or property not maintained by the named insured
(k) Host/Owners can offer alcohol, but our policy will not be responsible for liability that arises from the distribution of alcohol.
6.7.13 All claims for damage or injury are such to the limits identified in the terms of the Product or Service described on the Website and the coverage limits contained the policy of insurance associated with the Product or Service.
6.8 You agree to cooperate in the adjudication of any insurance claims, including but not limited to, allowing the insurance carrier the right to inspect property or the premises at any time, and providing documents, correspondence, invoices, receipts and photographs as requested by InsuraGuest or the insurance carrier. You acknowledge that the insurance associated with a Product or Service for an Accommodation or Event shall be administered in accordance with the terms of the applicable insurance policy issued by the insurance carrier to InsuraGuest.
6.9 A Host hereby explicitly acknowledges and agrees that it is not in the insurance business and that during the term of this Agreement it shall not sell, solicit, or negotiate insurance.
7. PURCHASE TERMS
7.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide InsuraGuest with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) or automated clearinghouse account information as a condition to signing up for the Platform. Your Payment Provider agreement governs your use of any designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing InsuraGuest with your credit card number and associated payment information, you agree that InsuraGuest is authorized to immediately invoice your Account for all fees and charges due and payable to InsuraGuest hereunder and that no additional notice or consent is required. You agree to immediately notify InsuraGuest of any change in your billing address or the credit card used for payment hereunder. InsuraGuest reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Platform or by e-mail delivery to you. All fees are, unless otherwise stated, non-refundable and stated in US dollars.
7.2 Taxes. InsuraGuest’s fees are net of any applicable Sales Tax. If any Product or Services, or payments for any Product or Services, under these Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to InsuraGuest, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify InsuraGuest for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that InsuraGuest is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You agree to make all payments of fees to InsuraGuest free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to InsuraGuest will be your sole responsibility, and you will provide InsuraGuest with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
8. Indemnification. You agree to indemnify, defend and hold InsuraGuest (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) Your Content, (c) your violation of these Terms or any agreement referred to in these Terms; or (d) your violation of applicable laws, rules or regulations. InsuraGuest reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of InsuraGuest. InsuraGuest will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Third-Party Links, Applications & Ads; Other Users
9.1 Third-Party Links, Applications & Ads. The Platform may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”). Such Third-Party Links, Applications & Ads are not under the control of InsuraGuest, and InsuraGuest is not responsible for any Third-Party Links, Applications & Ads. InsuraGuest provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
9.2 Open-Source Software.Certain software code incorporated into or distributed with the Platform may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under Section 1 and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements
9.3 Other Users. Each Platform user is solely responsible for any and all of its own Content. Because we do not control Your Content, you acknowledge and agree that we are not responsible for any of Your Content, whether provided by you or by others. We make no guarantees regarding, and you are solely responsible for, the accuracy, currency, suitability, or quality of any of Your Content.
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODCUTS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND INSURAGUEST (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.
10.2 THE PLATFORM, PRODUCTS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS IN CONNECTION THE USE AND OPERATIONS OF ACCOMMODATIONS AND EVENTS. INSURAGUEST CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY ACCOMMODATIONS OR EVENT. INSURAGUEST IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY OTHERWISE RELATED TO ANY AND ALL LISTINGS OR ADVERTISEMENTS FOR ACCOMMODATIONS OR EVENTS. ACCORDINGLY, ANY USE OF AN ACCOMMODATION OR EVENT WILL BE MADE AT THE GUEST’S OWN RISK AND ACCEPTED AT THE HOST’S OWN RISK, SUBJECT TO THE COVERAGES LISTED IN THE POLICIES COVERING THE PRODUCTS OR THE SERVICES.
10.4 InsuraGuest does not in any way endorse any Guest or Host or Accommodation or Event.
10.5 By using the Platform, a Product or a Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Hosts or Guests or other third parties will be limited to a claim against the particular Host or Guest or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from InsuraGuest with respect to such actions or omissions. This limitation shall not apply to any claim by a Host against InsuraGuest regarding the remittance of payments received from a Guest by InsuraGuest on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
10.6 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM, PRODUCTS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INSURERS, HOSTS OR GUESTS. YOU UNDERSTAND THAT INSURAGUEST DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. INSURAGUEST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM, PRODUCTS OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM, PRODUCTS OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM, PRODUCTS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, INSURERS, GUESTS AND HOSTS. INSURAGUEST EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR HOST OR OTHER THIRD PARTY.
10.7 YOU ARE RESPONSIBLE FOR UNDERSTANDING THE LAWS THAT APPLY TO YOU WITH RESPECT TO YOUR USE OR OPERATION OF AN ACCOMMODATION OR EVENT. SOME JURISDICTIONS (SUCH AS A CITY OR TOWNSHIP) HAVE LAWS THAT RESTRICT YOUR ABILITY TO USE ACCOMMODATIONS FOR RENTAL INCOME. THESE LAWS ARE OFTEN PART OF A JURISDICTION’S ZONING OR ADMINISTRATIVE CODES. IN MANY JURISDICTIONS, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING PAYING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE USING THE PLATFORM, PRODUCTS OR SERVICES.
11. LIMITATION ON LIABILITY
11.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INSURAGUEST BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR PLATFORM, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT INSURAGUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, PRODUCTS OR SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
11.2 OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE FEES, IF ANY, PAID BY YOU TO INSURAGUEST, EXCLUSIVE OF INSURANCE COMPONENTS, UNDER THIS AGREEMENT IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, AND (B) THE REMEDY OR PENALTY IMPOSED BY A STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT EXCEPT AS SET FORTH IN THE TERMS OF THEIR AGREEMENTS OR POLICIES ASSOCIATED WITH A PRODUCT OR SERVICE.
11.3 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSURAGUEST AND YOU.
12. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Platform, a Product or a Service. We may suspend or terminate your rights to use the Platform, Product or Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform, Product, Service or Account in violation of these Terms. If you want to terminate the Platform provided by InsuraGuest, you may do so by (a) notifying InsuraGuest at any time and (b) closing your Account; provided, however, there are no current reservations for an Accommodation or Event outstanding. Your notice should be sent, in writing, to InsuraGuest’s address set forth below. Upon termination of your rights under these Terms, your Account and right to access and use the Platform, Products and Services will terminate immediately. You understand that any termination of your Account may involve deletion of Your Content associated with your Account from our live databases. InsuraGuest will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of Your Content. Even after your rights under these Terms are terminated, the provisions of these Terms with respect to indemnification, payment, audit rights and dispute resolution will remain in effect.
13. DISPUTE RESOLUTION
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with InsuraGuest and limits the manner in which you can seek relief from us.
13.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Platform, Product or Service or to any aspect of your relationship with InsuraGuest, will be resolved by binding arbitration, rather than in court, except You or InsuraGuest may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.
13.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to InsurGuest and we will send the same to You if we begin arbitration proceedings. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and InsuraGuest. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
13.4 Waiver of Jury Trial. YOU AND INSURAGUEST HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and InsuraGuest are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
13.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Salt Lake County, Utah. All other claims shall be arbitrated.
13.6 Severability. Except as provided in subsection 13.1, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
13.7 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with InsuraGuest.
14. International Users. The Platform can be accessed from countries around the world and may contain references to a Platform that is not available in your country. These references do not imply that InsuraGuest intends to announce such Platform, Product or Service in a country other than the United States of America. The Platform, Products and Services are controlled and offered by InsuraGuest from its facilities in the United States of America. InsuraGuest makes no representations that the Platform, Products or Services are appropriate or available for use in other locations. Those who access or use the same from other countries do so at their own volition and are responsible for compliance with local law.
15. Exclusive Venue.To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and InsuraGuest agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Salt Lake County, Utah.
16. Governing Law.The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Utah, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
17. ExportThe Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from InsuraGuest, or any products utilizing such data, in violation of the United States export laws or regulations.
18. Electronic Communications.The communications between you and InsuraGuest use electronic means, whether you use the Platform, Products or Services or send us emails, or whether InsuraGuest posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from InsuraGuest in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that InsuraGuest provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your legally non-waivable rights.
Notice. Where InsuraGuest requires that you provide an e-mail address, you are responsible for providing InsuraGuest with your most current e-mail address. In the event that the last e-mail address you provided to InsuraGuest is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, InsuraGuest’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to InsuraGuest at the following address: InsuraGuest, Inc., Attn: Legal Department, 6465 South 3000 East, Suite 101, Salt Lake City, Utah 84121, with a copy to info@InsuraGuest.com.
20. Force Majeure. InsuraGuest shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, epidemics, pandemics, embargoes, acts of civil or military authorities, fire, floods, electrical power interruptions, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21. Entire Agreement.These Terms constitute the entire agreement between you and us regarding the use of the Platform, Products and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without InsuraGuest’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void from its inception. InsuraGuest may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
22. Questions, Complaints, Claims.If you have any questions, complaints or claims with respect to the Services or the Platform, please contact us at info@InsuraGuest.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
23. Consumer Complaints.In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Platform of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
24. Copyright/Trademark Information. Copyright © 2022, InsuraGuest, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform, Product or Services materials are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
25. InsuraGuest offers insurance and services in all states through its licensed insurance agency, InsuraGuest Agency, LLC. InsuraGuest is paid commissions and may receive other compensation for its services. InsuraGuest does not and does not intend to sell insurance products outside of the states in which it is licensed.