Insurance Terms Of Service

Thank you for your interest in the products and services of Dutchie Insurance Services, LLC, a Delaware limited liability company, and its parents, subsidiaries and affiliates (collectively “Dutchie,” “we,” “us,” or “our”).  The following Terms of Service (the “Terms”) shall control the use and access of all visitors (“User(s)”) to our website(s) (the “Site”) and/or any other related service we offer (collectively, such services, including any new features and applications, and the Site, the “Service(s)”).   

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION; AND (3) AN INDEMNITY BY YOU FOR CERTAIN DAMAGE SUFFERED BY US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service or provided to you in writing from time to time, including, without limitation, the Privacy Policy located at https://dutchie.com/privacy.  All such terms are hereby incorporated by reference.

1. Services

Dutchie provides a variety of insurance products and services.  As a condition of using the Services, you affirm that you are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, waivers, representations and warranties set forth in the Terms, and to abide by and comply with the Terms. Dutchie’s products and services may not be available in all areas of the United States. You also may not be eligible for Dutchie’s products and services. 

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2. Changes To Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Unless stated otherwise, all changes are effective upon notice and apply to all access to and use of the Services. Your continued use of the Services following notice and posting of any revised Terms means that you accept and agree to the changes.

3. Insurance

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No Advice

Dutchie provides insurance services only, and does not provide other forms of professional advice of the type that may require professional licensing, such as legal, medical, accounting, or tax advice.  If we provide you any information in the course of providing the Service, it is for general informational purposes only and should not be construed as professional advice.  Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy and not the Terms. 

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Quotes

All quotes generated by Dutchie are based upon the information and representations you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on the Services are general descriptions of available coverages and are not a statement of insurance contract. To obtain coverage you must submit an application through Dutchie in the manner we permit. All insurance applications are subject to underwriting approval by insurance carrier partners. Coverages and availability vary by state. 

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Payments

We or our third party payment processing partner will bill you based on the information you provide and we accept.  However, if you ultimately choose not to purchase insurance or an insurance carrier partner declines your insurance application, we will refund you the charged amount. All currency references are in U.S. dollars. For clarity, even if you have been billed by Dutchie, you should not cancel any existing insurance until you have received written confirmation from the insurance company to which you are applying that your new policy is effective.  

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We may automatically charge the card or other payment mechanism for recurring premiums or other recurring fees, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities.  If you choose to use the Services to purchase insurance, you agree to permit Dutchie to receive any commission or other form of compensation that any insurance carrier agrees to pay to Dutchie in connection with the provision of such services.  

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Electronic Records

By using the Services, you agree to accept all records and documents, including the insurance policy, provided to you in electronic form, except where prohibited by law. This consent, unless withdrawn, applies to all transactions between you and Dutchie. 

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4. Links To Other Sites

The Services may link to or may be accessed in connection with external sites, and may connect you with third party services and/or content. These links or the ability to access other external sites from the Service are provided for your convenience only and do not constitute an endorsement by Dutchie of such sites or their content, products, services or other materials.  You access such external sites at your own risk. 

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5. Restrictions

In accessing and using the Services, you agree to abide by the following rules, restrictions and limitations:

a.     You shall not access or use the Services for any unlawful purpose, or for any use or purpose not intended by Dutchie;

b. You will not use the Services in any way that could interfere with, disrupt, negatively affect, or inhibit other Users from using the Services, or that could damage, disable, overburden or impair the functioning of the Services;

c. You will not use any data mining software or similar data gathering and extraction tools to access, acquire, copy, monitor, retrieve, index, “scrape,” “data mine,” or in any way gather content or data from the Services or otherwise circumvent the navigational structure or presentation of the Services; and,

d. You will not encourage or promote any activity that violates these Terms.

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6. Termination

Dutchie reserves the right to terminate your use of the Services at any time, for any reason, in its sole discretion, and without notice.  

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7. Intellectual Property

a.     You hereby grant to Dutchie a non-exclusive, royalty-free, fully paid-up, right and license to use your data for the purposes of providing you with the Services. You represent and warrant that you are the exclusive owner of your data or have all rights and licenses necessary to grant the rights to your data.

b. The Services (including the underlying technology, code, systems and software comprising the Site) are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, and solely for so long as you are permitted by Dutchie to access and use the Services, Dutchie grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicenseable right to access and use the Services for private, personal, non-commercial use.  Notwithstanding anything in these Terms, Dutchie at all times and in all forms retains full, exclusive and complete ownership of the Services.

c. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses, and such software is not licensed under these Terms and is instead separately licensed pursuant to the terms and conditions of their respective open-source software licenses.  You agree to comply with all such license agreements.  

d. You further understand and agree that Dutchie owns and has the right to collect, extract, compile, synthesize, analyze and use aggregate data and usage data, without a duty of accounting to you or any User, consistent with our Privacy Policy.

8. Copyright Policy

a.     Copyright Policy. Dutchie will respond to notices of alleged copyright infringement that comply with applicable law and which are submitted by written notice to our designated Copyright Agent below.

b. Notice to Dutchie. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work or, if the claim involves multiple works, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you; (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

c. Address for Copyright Agent. DMCA Notices must be emailed to Dutchie’s Copyright Agent at support@dutchie.com (Subject line: “DMCA Request”). You may also contact us by mail at: 2728 NW Potts Ct. Ste 100, Bend, OR 97703.

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9.  Disclaimers

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service (and all information, content, materials, or products included in the Service) is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Dutchie or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Dutchie and its licensors do not warrant that the information, content, materials, or products included in the Service are accurate, reliable, up-to-date, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service or Dutchie’s servers or emails are free of viruses or other harmful components. Any content or data downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.  

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10. Waiver, Release, And Limitation of Liability

a.     DUTCHIE IS IN NO EVENT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY PORTION THEREOF, EVEN IF DUTCHIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, DUTCHIE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO ONE DOLLAR (USD $1.00).

b. WAIVER OF TRIAL BY JURY. BY ENTERING INTO THIS AGREEMENT, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. YOU CERTIFY AND ACKNOWLEDGE THAT BY ACCESSING AND USING THE SITE THAT YOU MAKE THIS WAIVER KNOWINGLY AND VOLUNTARILY. IF YOU DO NOT AGREE TO SUCH WAIVER, YOU SHOULD NOT USE THE SERVICES.  

c. California Residents. If you are now, or at any time during your use of the Site or the App, a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

d. The foregoing sections titled “Disclaimers” and “Waiver, Release and Limitation of Liability” are intended to be only as broad as permitted under applicable law.  If any portion of such sections is held to be invalid, the invalidity of such portion shall not affect the validity of the remaining portions of the application section(s).

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11. Indemnification

To the extent permitted by law, you will indemnify, defend, and hold harmless Dutchie, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all liabilities or losses of any kind arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against an Indemnified Party relating to: (a) your use of the Services, including any payment obligations incurred through receipt of any Services; (b) failure to comply with these Terms by you or your agents; (c) negligence, willful misconduct, or fraud by you or your agents; or (d) violation of privacy rights or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents.

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12. Governing Law

The laws of the State of Oregon govern these Terms and matters arising out of or relating to the Services, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter. Subject to Section 24 below titled “Dispute Resolution by Binding Arbitration,” with respect to any disputes or claims not subject to arbitration, each party will bring any action or proceeding arising from or relating to these Terms exclusively in a federal or state court in Deschutes County, Oregon, and each party hereby irrevocably and unconditionally submits to the jurisdiction of such courts in any such action or proceeding.  Our Services are hosted in the United States. If you are using or accessing the Services from outside the United States, please be advised that through your use of the Services, you are transferring information to and from the United States and you consent to that transfer.

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13. Other Agreements; Assignment

These Terms are not intended to change or affect any separate agreement or contract that you may have with Dutchie.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dutchie without restriction. 

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14. Miscellaneous

The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. If a court or arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to achieving the purpose of the invalid or unenforceable term or provision, and the parties agree that these Terms shall be enforceable as so modified.

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15. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

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16. DISPUTE RESOLUTION BY BINDING ARBITRATION (PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS)

1. Agreement to Arbitrate.  This Dispute Resolution by Binding Arbitration section is referred to herein as the “Arbitration Agreement.” For any dispute with Dutchie, you agree to first contact us at insurance@dutchie.com and attempt to resolve the dispute with us informally. In the unlikely event that Dutchie has not been able to resolve a dispute it has with you after sixty (60) days, you agree that any and all disputes or claims that have arisen or may arise between you and Dutchie, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into the Terms, you are waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

2. Prohibition of Class and Representative Actions and Non-Individualized Relief.  With respect to all persons and entities, regardless of why they have obtained or used the Service, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by using the Service and agreeing to these Terms, you are waiving the right to a trial by jury or to participate in a class action or other representative proceeding of any kind. 

3. Arbitration Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. Unless Dutchie and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties. If the parties are unable to agree on a location, the determination shall be made by AAA. 

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d. Limitation Period.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Acceptance Of Terms

By using or accessing the Services, you acknowledge that you have reviewed, understood, and accept these Terms and our Privacy Policy, which is incorporated by reference.

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Questions? Concerns? Suggestions?

Please contact us at insurance@ducthie.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.