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Terms of Use

Introduction

You agree to be bound by the terms and conditions contained within the Terms of Use, as well as our Privacy Policy. Collectively, these form a legally binding agreement between us and you. The terms “StartSure”, “we, “us,” or “our” mean StartSure Insurance Inc., a Delaware Corporation, which does business as StartSure in New York. The terms “you,” “customer,” and “user” shall mean you, users of our Services, and any entity or organization you or such users represent. The term “Services” means, collectively, the website at www.startsure.co (“Website”), various websites, applications, widgets, information, services, email notifications and other media, or portions of such media, through which you have accessed the Terms of Use. The Terms of Use contain an agreement to arbitrate all claims and disclaimers of warranties and liability.

If you do not agree to all of these terms and conditions, do not access or otherwise use the website or any information contained on this website. These terms and conditions of use may be revised periodically at any time without notice to you. It is your responsibility to visit this website frequently to review carefully the current terms and conditions of use which govern your continued use of this website. Each and every time you access this website you shall be deemed to have agreed to the then current terms and conditions of use. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions of use or reproduce or distribute any portions of the website for any commercial use except as authorized by these terms of use.

Solicitation, Licensing and Regulatory Issues

No insurance product or security is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful under the laws of such jurisdiction. Not all insurance coverages or products are available in all jurisdictions.

StartSure co-work insurance is underwritten by Arch Insurance Company. Arch Insurance Company (a Missouri corporation, NAIC #11150) is licensed as an insurer in all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands.

Privacy Statement

You agree to be bound by the terms and conditions contained within the Terms of Use, as well as our Privacy Policy. Collectively, these form a legally binding agreement between us and you. The terms “StartSure”, “we,” “us,” or “our” mean StartSure Insurance Inc., a Delaware Corporation, which does business as StartSure in New York. The terms “you,” “customer,” and “user” shall mean you, users of our Services, and any entity or organization you or such users represent. The term “Services” means, collectively, the website at www.startsure.co (“Website”), various websites, applications, widgets, information, services, email notifications and other media, or portions of such media, through which you have accessed the Terms of Use. The Terms of Use contain an agreement to arbitrate all claims and disclaimers of warranties and liability.

Your Compliance With The Terms of Use

By using our Services and visiting our Website, you voluntarily accept and consent to the Terms of Use, and your consent and acceptance is supported by sufficient and valuable consideration. You acknowledge that this consideration includes, but is not limited to, access to our Services and your ability to interact with our Services. You expressly represent that you have the capacity to agree to be bound to the Terms of Use and, given that you are acting on behalf of a business entity or other organization, agree that you have the authority to so bind that entity or organization.

Representation of Data Collection

You consent to and agree that StartSure may collect data and Personal Data, as defined by Section 2 of our Privacy Statement, from you even though we may not be able to offer you any available products or services for purchase. StartSure currently only sells products or services in a limited number of states and currently only sells limited insurance products. If you voluntarily provide us with any information about yourself or a third party, you agree that StartSure reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if StartSure cannot offer you or a third party products or services for sale at the time you provide us with this information. When applying for a commercial automobile insurance policy, you represent that you have provided notice to and obtained consents from your employees that will allow us to obtain any motor vehicle records related to those employees to be used in underwriting decisions.

Consent To Receive Electronic Copies of Insurance Documents

By signing up for our Services, you consent to receive all insurance documents – including identification cards – in electronic form only to an email address you provide. You can access your ID cards, policy documents, and related information via any modern web browser on an internet-connected device such as a tablet, phone, or laptop. If you are unable to gain access to one of these devices, you are able to call StartSure at (212)-655-7697 and one of our agents can provide you with a physical copy.

Registration

As a condition to using certain features of our Services, we automatically create accounts for users. Your email address will be your username. Logins will require a one-time password or access to your email inbox for verification. You may not use an email address which purports to represent or impersonate a person other than yourself. We reserve the right to refuse or cancel registration of any username in our sole discretion. You are responsible for maintaining the confidentiality of your username and password. You further agree to notify us immediately, at [email protected], if you become aware of any unauthorized use involving your username and/or password.

Use of Our Services

Our Services, as well as their underlying processes, related content, and generated data, may not be used for personal, family, household, informational, or non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without StartSure’s express written consent. Your use of our Services is not transferable by you to any other person or entity. Your access and use of our Services may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.

Terms Applicable For Purchases on the Website

(A). Generally. To purchase any goods and/or services on our Website, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. Prior to the purchase of any goods or services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card within thirty (30) days of credit card authorization, and monthly thereafter for the term of your policy. All sales of products and services are subject to the terms and conditions within each insurance policy. For each product or service that you order on the Website, you agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

(B). Methods of Payment, Credit Card Terms and Taxes. All payments must be made by Visa, MasterCard, Discover and American Express. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions of Use to determine your rights and liabilities as a cardholder. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

(C). Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order for an insurance policy, nor does it constitute confirmation of our offer to sell a policy to you. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by us upon our issuance of the insurance policy that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order. Do not assume that a cancellation or change of an order you have placed with us has been effected until you receive a confirmation from us via email or the Website. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed before your cancellation/change request was received.

(D). No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this Website as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any policy, we shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. Any insurance policy purchased contains the terms and conditions applicable to such policy. In the event of any conflict between the policy and the description of the policy on this Website, the policy shall govern.

(E). Modifications to Prices or Billing Terms. STARTSURE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE OR BY E-MAIL DELIVERY TO YOU.

Prohibited Activities
  • You are responsible for anything you transmit to or through StartSure’s Website or to StartSure through email, short message service or text, voice calls, Facebook, Twitter, Google Review, or any similar service. You represent that your transmissions to StartSure are and will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:
    • Criminal activity or tortious activity, including (i) fraud or misrepresentation, (ii) harassment (such as verbal harassment), (iii) infringement or misappropriation of a third party’s copyright, trademark, patent, trade secret, or other intellectual property, (iv) slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, (v) use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and (vi) content that promotes illegal or harmful activities or substances
    • Advertising to, or solicitation of, any user to buy or sell any products or services
    • Attempting to impersonate, or impersonating, another user or entity
    • Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization
    • Attempting to access or search the Services or engaging in any automated use of the System, such as using scripts, spiders, crawlers, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information
    • Attempting to probe, scan, or test the vulnerability of any StartSure system or network, or breach any security or authentication measures; Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks
    • Attempting to probe, scan, or test the vulnerability of any StartSure system or network, or breach any security or authentication measures; Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks
    • Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by StartSure or any of StartSure’s providers or any other authorized third party to protect the Services
    • Using mega tags or other hidden text or metadata utilizing a StartSure trademark, logo, URL, or product name without StartSure’s express written consent
    • Using information or scraping information from our Services for any purpose whatsoever
    • Using the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use
    • Using the Services to send altered, deceptive, or false source-identifying information
    • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
    • Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, or spamming the Services
    • Collecting or storing any personally identifiable information from the Services from other users of the Services without their express permission
    • Using our Services in a manner inconsistent with any and all applicable laws and regulations; and
    • Encouraging or enabling any other individual to do any of the foregoing.
Monitoring of Services

We reserve the right, but have no obligation to, monitor our Services for your or third party violations of the Terms of Use, take appropriate legal action against anyone who violates the Terms of Use, refuse or restrict access to or availability of any user`s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of StartSure and its customers.

Termination of Your Account or Use of Our Services

We may restrict, suspend, or terminate your use of or access to our Services in the event that you violate the Terms of Use and, at our sole discretion, as permitted by law. We may change the Services or content, or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.

Content

StartSure makes no representations or warranties about the suitability of the content of its Website for any purpose. StartSure provides all content of its Website on an “as is” and an “as available” basis without any warranty of any kind.

List of Carriers & Agents We Currently Use

StartSure acts as an agent that represents insurance companies to whom it will submit your insurance application and from whom it will procure your insurance coverage.

StartSure co-work insurance is underwritten by Arch Insurance Company.Arch Insurance Company (a Missouri corporation, NAIC #11150) is licensed as an insurer in all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands.

Disclaimers and Limitations on Liability

StartSure makes no warranty of any kind whatsoever – express or implied – with respect to the contents of its Services. STARTSURE HEREBY DISCLAIMS ANY AND ALL implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. You expressly agree that your use of our Services is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability and completeness of ANY Services. We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees – express or implied – regarding quotes or offers provided on or through our Services. As such, we expressly disclaim all liability for any content, products, or services furnished from such service providers.

We further make no representations, guarantees, or warranties that our Services are appropriate or available for use in jurisdictions outside of the United States of America. If you access or otherwise use our Services from these jurisdictions, you do so of your own volition and risk, and are solely responsible for compliance with local and international law.

StartSure will not be held liable to anyone for any liability arising out of, or in any way relating to, any damages, loss, or claim whatsoever, no matter how occasioned, in connection with or arising out of access to or use of the contents of its Services. In no event shall StartSure be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, without regard to the form of any action, including, but not limited to, contract or negligence or other tortious actions, arising out of or in connection with the use, reproduction, or display of the content.

Representations and Disclaimers Related to Products or Services

StartSure makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by insurers or other third parties through StartSure’s Services. StartSure believes the content provided through its Services to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise and, therefore, StartSure does not warrant that its content is accurate, complete, and current. Content that StartSure provides through its Services is meant to assist you with insurance and financial decisions. However, such information merely constitutes a general description of insurance coverage potentially available. Any particular coverage provided to you by StartSure or any insurance company or other third party is subject to that party’s terms, conditions, exclusions, and underwriting practices. Any coverage recommendations made by StartSure are based solely on a defined set of information provided by you and are limited to the products and coverages that StartSure offers. You acknowledge and agree that such recommendations may omit coverage that may be necessary or advisable for you and such recommendations may differ from recommendations that you might receive were you to seek advice specific to your individual circumstances. You must submit a complete application to obtain a particular coverage. Issuance of insurance coverage is dependent on underwriting approval; availability and coverages may vary by state. You must verify information StartSure provides through its Services before relying on that information in whole or in part. We also recommend that you obtain additional information and advice from your accountant, attorney, and other advisors that can take your individual circumstances into account. The insurance policy or other product or service you purchase from entities other than StartSure forms the exclusive contract between you and the insurer or other third party, and you agree to not rely on the general information or descriptions of coverage made available through StartSure’s Services.

Our Service may provide you with offers or quotes with a third party provider of goods or services. However, you agree that we make no guarantee that all users will be provided with such a quote, and that some of these services may only be available to United States residents and corporations or only available in a portion of states.

StartSure may receive fees or commissions from insurers or other third parties with respect to certain transactions made in connection with our Services. Nevertheless, you acknowledge that we are not responsible for any fee arrangement or the terms of any agreement you may enter into with a provider of a product or service through our Services. You hereby release StartSure of any loss, cost, damages, or claim in connection with or arising from your use of a service or product, including any fees charged.

Representations to Us
  • By using our Services, you represent and warrant to us that:
    • You are at least 18 years of age.
    • You are authorized to purchase and bind this insurance on behalf of the entity applying for coverage.
    • You have not had any judgments or liens placed against you in the last three years.
  • You authorize StartSure, as well as its agents and representatives, to obtain consumer reports covered under the Fair Credit Reporting Act (“FCRA”) from a credit reporting agency of StartSure’s choice. You consent to StartSure, from time to time, obtaining and reviewing consumer reports in order to assess the insurability, or for any permissible purpose under the FCRA, with respect to you or the company or organization that you represent and/or own or operate. You understand that, pursuant to the FCRA, if any adverse action is taken based upon your consumer report, StartSure Insurance will alert you to this fact and send you a summary of your rights.
  • To the extent you are applying for workers compensation insurance, you authorize the National Council on Compensation Insurance (“NCCI”) to release your prior, current and future experience rating worksheets and risk history report directly to StartSure only for the purposes of insurance underwriting. You understand that the risk history report provides up to five years of payroll and loss history, policy cancellation information, classification codes, and policyholder name and address contained within NCCI records. You acknowledge that StartSure requires this information in order to perform the services you have requested. You agree that NCCI will have no liability releasing the information as requested.
  • If any of the above statements are not true, you should not and are not authorized to use our Services.
Representations and Disclaimers Related to Products or Services

By using our Services, you agree to indemnify, defend, and hold harmless StartSure against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of our Services. Fees and Charges Access to and use of many aspects of our Services are free. You may choose to purchase products or services from us while using our Services, which may result in charges and fees to you. We will inform you in advance of any such charge or fee. By submitting payment information for an accepted method of payment (“Payment Method”) through our Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes to your Payment Method. You will not be entitled to any refund of charges, fees, or taxes except as expressly provided herein, or as required under applicable law.

Premium Audit: (a) We will compute all insurance premiums for an insurance policy in accordance with our rules and rates in effect at the time; (b) The premium displayed on our website is a deposit premium for the policy period. We reserve the right to review the details of your business at the end of your policy period. If your business has changed since you applied, we reserve the right to adjust your previous years premium up or down accordingly. This means we may refund you for excess premium paid, or that we may bill you for an increased rate to cover the increased risk of your business if such changes have occurred; and (c) The Named Insured on a policy must keep records of the information we need for premium computation (generally, the information required in an application), and send us copies if requested.

You may choose to use a credit card or debit card as a Payment Method to pay for charges, fees, and taxes in connection with our Services. Should you choose to do so, you warrant that you are authorized to use such credit or debit card for this purpose. Should you use a credit or debit card without authorization, in whole or in part, you will remain responsible for any outstanding balance, and we may alert the appropriate authorities of your misuse.

Policy coverage is annual. You may choose to pay monthly or annually. By choosing to pay monthly and providing or designating a Payment Method, you authorize us to charge you each month at the monthly rate, and any other charges you may incur in connection with our Services, such as taxes and fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to changing or adding products or services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. We will automatically bill your Payment Method each month on the calendar day corresponding to the date of your first payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your first payment occurred on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if your first payment was on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. We may authorize your Payment Method in anticipation of product or service-related charges. As used in the Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle. You further agree and consent to StartSure continuing to debit the same payment instrument upon renewal or similar event, if applicable.

You may edit your Payment Method information by logging in online or calling our customer support. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not log in or call to edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. StartSure reserves the right to retry payment on your payment device on file until the amount owed is settled or you cancel your StartSure account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Your premium payment does not bind coverage until the insurance carrier approves your application. In the event that the insurance carrier does not approve your application, your premium payment will be refunded.

You may cancel your policy at any time by logging in online or emailing customer support. If you cancel your policy, we will stop your monthly payments and will not further charge your Payment Method.

You will not be charged any interest, finance fee, late payment fee, or other type of finance charge. You agree that if you do not make a scheduled payment when due, we have the right to request cancellation of your insurance policy or policies. To avoid cancellation of your policy or policies, please be sure to make your monthly insurance premium payments on time.

StartSure and its partner brokerages, risk management, underwriting services, and other consultants may directly or indirectly receive commissions, fees, or interest as compensation for their services or products, or for holding capital. If you have any questions regarding the nature or amount of the compensation paid to StartSure or its partners, we encourage you to contact us.

Financial Decisions

Our Services offer a platform that provides you with access to information and third party providers of products and services. We do not endorse or recommend any of these providers, and do not act as an agent with respect to such providers or with respect to you. We do not investigate, guaranty or certify that such providers are appropriately licensed, certified, or otherwise qualified to offer these products and services. You agree that you are solely responsible to investigate these providers, and that you are solely responsible and liable for any products or services they may provide you that may give rise to costs, damages, liabilities, fees, or fines. We suggest that you consult financial advisers, insurance agents, or other qualified professionals who may be fully aware of your individual circumstances and needs prior to making any financial or insurance purchasing decisions. You agree that you are relying solely on your judgment and that of your advisors in purchasing products or services through our Services or based on information provided by our Services.

Intellectual Property Rights

Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. StartSure makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Services as the rights related to these names, trademarks, or service marks belong to their respective owners.

Any information, advice, data, software, or other content, which may be contained in or downloaded from our Services (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.

You are solely liable for any damages arising from your infringement of our or any third party intellectual property rights with respect to the Proprietary Marks, Content, Collective Work, Software, or third party names, trademarks or service marks. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Use.

No Third party Beneficiaries

The Terms of Use are between you and StartSure, and no provision within the Terms of Use confers any implied or express right to any third party. The Terms of Use do not provide you with any authority to bind StartSure in any way.

Assignment

You may not transfer, assign, or license your rights under the Terms of Use without our prior express and written consent.

Void Where Prohibited

Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, or our agents are licensed and permitted to sell our products and services. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.

Our Services Are Not Intended for Minors

Our Services are not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access our services. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.

Governing Law and Jurisdiction

You agree that the Terms of Use (and incorporated Privacy Statement and Cookies Policy) are governed and interpreted by the laws of the State of Delaware without regard to principles of conflicts of law. By using our Services, you agree to personal and exclusive jurisdiction of the state and federal courts of Delaware in order to resolve any dispute arising from your use of the Services, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.

Arbitration Agreement and Waiver of Class Remedies
(a) Arbitration Agreement

You agree that the Terms of Use (and incorporated Privacy Statement and Cookies Policy) are governed and interpreted by the laws of the State of Delaware without regard to principles of conflicts of law. By using our Services, you agree to personal and exclusive jurisdiction of the state and federal courts of Delaware in order to resolve any dispute arising from your use of the Services, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.

The parties understand that, absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law, and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of arbitration may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.

(b) Waiver of Class Remedies

The parties agree that any arbitration shall be conducted only in their individual entity capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.

(c) Exception: Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court’s jurisdiction—subject to the Governing Law and Jurisdiction clause of the Terms of Use.

(d) Thirty Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration agreement and class action provisions of this section by sending written notice of your decision to opt out to the following address: 106 W 32nd Street, New York, NY 10001. Such notice must be sent within thirty (30) days of registering to use our Services, or else you shall be bound to arbitrate disputes in accordance with these Terms of Use. Any such opt out shall be mutual. We reserve the right to terminate your use of our Services should you opt out.

No Oral Modification

The Terms of Use may not be modified through oral agreement or statements. The individual employees of StartSure, StartSure’s partners, and StartSure’s third party affiliates are not authorized to modify the Terms of Use except by the mechanism stated herein. Any employee offering to modify the Terms of Use is not acting as an agent of StartSure or with proper authority to bind StartSure. You agree not to rely on any statement, written or oral, by any employee or agent of StartSure or any third party with respect to modification or interpretation of the Terms of Use.

Communications With StartSure

In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals. Under no circumstance will your submission of information obligate StartSure to pay you compensation.

You may provide your information as part of an attempted or completed request for a quote or offer for goods and services of a third party vendor. In doing so, you agree to allow StartSure to use this information in any way consistent with the Terms of Use, our Privacy Statement, and our Cookie Policy. When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if your phone number is on any “do not call” list.

Severability

Except as otherwise provided herein, in the event that any provision contained within the Terms of Use is deemed to be unenforceable, invalid, or ambiguous, such provision shall be limited or discarded to the minimum extent necessary so that the remaining provisions of the Terms of Use remain in full force and enforceable.

Non-Waiver

Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein.

Force Majeure

Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated or usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party’s reasonable control.

Entire Agreement

The Terms of Use and only those Policies or Notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to our Services.

Notification of Changes

At its discretion, StartSure may amend the Terms of Use from time to time. We will post any such material changes to our Website along with a notice indicating that the Terms of Use have changed at least thirty (30) days prior to the effective date of these changes, when practicable. Should we materially change the Terms of Use, you may cancel your account with us by contacting us in accordance with the “Contact StartSure” provision of the Terms of Use before the effective date of the modified Terms of Use. You will not be bound by the updated Terms of Use if you cancel your account within this time period.

Notice

In the event StartSure may choose or become obligated to provide you with notices under or related to the Terms of Use, you consent to receive such notices or related communications by StartSure posting them on its Website, by sending them to you via an email address you provided, or by sending them to a postal address you provided, at our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.

Contact StartSure

If you have any questions about the Terms of Use or wish to notify us in relation to your use of our Services, you may contact StartSure by email at [email protected], or by postal mail at: 106 W 32nd Street, New York, NY 10001.