1099Policy Terms of Service for Users
Last updated: June 15, 2019
All Users are collectively referred to as “you” and include organizations that you are authorized to represent.
These (“Terms”) govern your access to and use of the Platform, website, products, and services, (“Services”) provided by 1099Policy so please read these Terms carefully before using the Platform or Services. By accessing the Platform or using our Services, you agree to be bound by these Terms. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Nature of Platform
1099Policy is a software company. The Platform allows Users to procure certain insurance coverage including: workers compensation, general liability and professional liability coverage specifically for the length of the assignment taken by the User through the Licensee. The coverage is secured in the name of the User, not the Licensee. By providing the coverage on a usage basis, specifically for the length of the assignment, the Platform delivers efficiencies that allow the User to procure coverage only for the time the User desires it. By making it easier for the User to procure insurance required of them, the Platform hopes to increase the labor pool of eligible Users. As elected by the User, coverage is procured by 1099Policy Insurance Agency, LLC with various insurance companies. 1099Policy, nor its subsidiaries are the underwriters of the coverage elected by the User. 1099Policy and the insurance company underwriters reserve the right to determine the Users eligibility for insurance coverage.
Coverage for the User begins when the Licensee notifies 1099Policy that the User has started their assignment. Coverage for the User ends when the Licensee notifies 1099Policy that the User has ended their assignment. The cost of the coverage to the User is a percentage of the compensation paid to the User. That cost will vary by assignment and will be disclosed to the Licensee and the User in advance when the necessary information is provided to 1099Policy. With permission of the User, the cost of the coverage is remitted to 1099Policy by the Licensee.
1099Policy does not have control over the User Content necessary to help the User secure coverage. 1099Policy is not responsible for the accuracy, timing nor the failure to provide User Content necessary to assure that coverage is facilitated through the Platform. Requested coverage is not secured until proof of coverage is received by the User with a copy to the Licensee.
Eligibility, Representations and Warranties
By accessing or using our Services, you represent that:
you can form a binding contract with us on behalf of yourself or the organization that you are lawfully authorized to represent;
you are over the age of 18, as the Services are not intended for children under 18;
the Platform will only be used for intended purpose as described in these Terms;
you will make a diligent effort to provide accurate information required by the Platform for the delivery of the specified Services;
any insurance purchasing decisions such as type of coverage secured, limits and deductibles are completely and solely your responsibility as the User;
you will not rely on our Platform for your financial decisions;
you understand that at the time of a claim, coverage will be determined in accordance with the terms and provisions of the insurance policy.
Using our Services or Platform does not give you ownership of any intellectual property rights in our Platform or the Proprietary Content you access which shall remain with us. Proprietary Content does not include User Content that emanates from the Licensee or you. Use of any trademarks, logos or service marks owned by 1099Policy requires the written permission of 1099Policy.
This includes but is not limited to use of hot-links or meta tags on other pages or sites in the World Wide Web.
You agree that: (i) you will not copy, reproduce, modify, create derivative works, publish, transmit, distribute, post on any other website any proprietary content from the Platform or modify any part of the proprietary content without our prior written authorization; (ii) you will not reverse engineer, decompile, disassemble, modify, distribute, reproduce, republish or sell in any form the Platform; (iii) you will not create or operate any platform, site or business that is based in whole or in part on the processes or content on the Platform; (iv) you will not injure or disrupt the Platform, servers or networks connected to the Platform or transmit any content which contains software viruses or other harmful computer code, files or programs; and (v) you will comply with these Terms.
1099Policy may at its sole discretion change the Platform’s content and information from time to time. Such changes will be posted on the Platform. You should continue to check the Platform for changes. Your continued use of our Services following the changes is confirmation that you have accepted those changes.
You hereby grant 1099Policy a non-exclusive, worldwide, transferable, fully-paid, royalty free, perpetual and irrevocable right and license (with the right to sublicense) including a right to make such content available to, and pass these rights along to, others with whom 1099Policy has contractual relationships related to the provision of the 1099Policy Service, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your content to third parties if 1099Policy determines such access is necessary to comply with its legal obligations through all media now known or hereafter created, to use, access, view, listen to, copy, modify, publicly perform and display, translate, excerpt (in whole or in part), distribute and archive User Content for any purpose in connection with the Platform or Service. 1099Policy has the right to use all data that does not personally identify an individual User for research, marketing, product enhancement and statistical analysis.
Third Parties’ Links, Services and Open Source Software
The Platform may contain certain software code that is incorporated into, linked or distributed with the Platform or otherwise with the Services and may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and you agree to be governed by those terms and policies. 1099Policy is not responsible for their content or privacy policies.
Information necessary to set up your “User Account” will be provided by the company that operates the marketplace that you use to find and accept job assignments. As you elect, that User Account will be used to provide you with the coverage selected for the length of the assignment for which coverage was secured. You are the only authorized user of your User Account and may not authorize others to use your account. 1099Policy may deactivate your account for any reason or no reason at all. False, inaccurate or misleading information will result in your User Account being deactivated. You may deactivate your User Account by notifying 1099Policy at: email@example.com.
Deactivating your User Account will not affect the coverage that you may have procured on the Platform. Only the terms and conditions of the policy for the coverage procured will determine how the policy responds.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.
To the maximum extent permitted by law, the Platform Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE PLATFORM ARE ALL AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1099POLICY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
You understand that you have authorized the Licensee, under an agreement executed with the Licensee directly to remit on your behalf payments for the coverage and Services that you elected to secure from 1099Policy. The amount due will be inclusive of any applicable taxes. Payments to 1099Policy will occur contemporaneously with the release of the payment for the work secured through the Licensee’s company. 1099Policy has a right to pursue a claim against you for failure to make payment to 1099Policy for insurance coverage that you request be made effective.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1099POLICY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF 1099POLICY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) 1099POLICY’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE DEACTIVATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. WERE APPLICABLE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION), WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXISTS IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and 1099Policy in the most expedient and cost effective manner, you and 1099Policy agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and 1099Policy are each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and 1099Policy will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting 1099Policy.
D. Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). 1099Policy’s address for Notice is: 1099Policy Inc., 45 Bartlett Street, San Francisco, CA 94110. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or 1099Policy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or 1099Policy shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, 1099Policy shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by 1099Policy in settlement of the dispute prior to the arbitrator’s award.
In the event that you commence arbitration in accordance with these Terms, 1099Policy will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse 1099Policy for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
F. No class actions
YOU AND 1099POLICY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 1099Policy agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
In the event that 1099Policy makes any future change to this arbitration provision (other than a change to the Company’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to 1099Policy address for Notice, in which case your account with Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
If only Subsection F of this Section 18 or the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 20 shall govern any action arising out of or related to these Terms.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Platform; (ii) User Content provided by you (iii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account or (iv) your breach or violation of a right of any third party, including intellectual property rights, or of any law statute, ordinance or regulation. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Delaware consistent with the Federal Arbitration Act., without giving effect to any principles that provide for the application of the law of any jurisdiction.