1. Introduction

The terms “WAIV”, “WAIV Insurance”, “we,” “us,” or “our” mean WAIV Carbontech Inc., a C-Corporation, which does business as Online Insurance Services 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, various websites, applications, widgets, information, services, email notifications and other media, or portions of such media, through which you have accessed the Terms of Service. The Terms of Service contain an agreement to arbitrate all claims and disclaimers of warranties and liability.

  1. Privacy Policy

By using our Services, you acknowledge that you have read and understand our Privacy Policy. The Terms of Service incorporate this Privacy Policy in full and, by agreeing to the Terms of Service, you agree to be bound by the terms of the Privacy Policy. You also acknowledge receipt of our Cookies Policy, which is incorporated into our Privacy Policy.

  1. Your Compliance With The Terms of Service

By using our Services and visiting our Website, you voluntarily accept and consent to the Terms of Service, 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 Service 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.

  1. Representation of Data Collection

You consent to and agree that WAIV may collect data and Personal Data, as defined in our Privacy Policy, from you even though we may not be able to offer you any available products or services for purchase. WAIV 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 we reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if we 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.

  1. 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, except where electronic delivery is not allowed by law or regulation.

You can access your ID cards, policy documents, and related information via any contemporary web browser on an internet-connected device such as a tablet, mobile phone, or laptop.

  1. 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 our 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.

  1. 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 Service, take appropriate legal action against anyone who violates the Terms of Service, 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 WAIV and its customers.

  1. 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 Service 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.

Your policy may be canceled or nonrenewed for reasons in accordance with state regulations including termination of the policy for a single claim or loss where allowed.

  1. Content

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

  1. Representations and Disclaimers Related to Products or Services

WAIV 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 WAIV's Services. WAIV believes the content provided through its Services to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise and, therefore, WAIV does not warrant that its content is accurate, complete, and current. Content that WAIV 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 any insurance company or other third party is subject to that party’s terms, conditions, exclusions, and underwriting practices. Any coverage recommendations made by WAIV are based solely on a defined set of information provided by you and are limited to the products and coverages that we offer. 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 WAIV 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.

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. WAIV 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 WAIV of any loss, cost, damages, or claim in connection with or arising from your use of a service or product, including any fees charged.

  1. 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 WAIV, 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 WAIV's choice. You consent to WAIV, 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, WAIV 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 WAIV 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 WAIV 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.

  1. Indemnification and Hold Harmless

By using our Services, you agree to indemnify, defend, and hold harmless WAIV against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of our Services.

  1. Fees and Charges.

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 Service, “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 WAIV 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 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. We reserves the right to retry payment on your payment device on file until the amount owed is settled or you cancel the policy. 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.

WAIV 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 WAIV or its partners, we encourage you to contact us.

  1. 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. WAIV 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 Service.

  1. Assignment

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

  1. 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.

  1. 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.

  1. Governing Law and Jurisdiction

You agree that the Terms of Service (and incorporated Privacy Policy and Cookies Policy) are governed and interpreted by the laws of the State of California 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 California 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.

  1. Arbitration Agreement and Waiver of Class Remedies

(a) Arbitration Agreement

Any controversy or claim arising out of or relating to the Terms of Service shall be finally resolved by binding arbitration following the parties’ best efforts to settle such dispute, claim, question or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its procedures for consumer disputes, except for any rules or procedures permitting class actions or otherwise contradictory to the Terms of Service. An arbitrator shall wield exclusive authority to resolve all disputes, including whether this or any other provision contained in the Terms of Service is void or voidable. The arbitrator’s award shall be binding and entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause of the Terms of Service.

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 Service.

  1. No Oral Modification

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

  1. Communications

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 WAIV 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 WAIV to use this information in any way consistent with the Terms of Service, our Privacy Policy, 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.

  1. Severability

Except as otherwise provided herein, in the event that any provision contained within the Terms of Service 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 Service remain in full force and enforceable.

  1. 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.

  1. 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.

  1. Entire Agreement

The Terms of Service 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.

  1. Notification of Changes

At its discretion, WAIV may amend the Terms of Service from time to time. We will post any such material changes to our Website. Should we materially change the Terms of Service, you may cancel policy with us by contacting us in accordance with the “Contact” provision of the Terms of Service before the effective date of the modified Terms of Service. You will not be bound by the updated Terms of Service if you cancel your account within this time period.

  1. Notice

In the event WAIV may choose or become obligated to provide you with notices under or related to the Terms of Service, you consent to receive such notices or related communications by WAIV 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.