Terms of Service
Terms of Service
These terms of service were last modified June 10, 2020.
1. Kin Services
These terms of service (“Terms”) govern your access to and use of Kin Insurance, Inc.’s website located at kin.com (the “Website”) or any product or service made available through the Website (together with the Website, the “Services”).
Services are provided by the following entities: Kin Interinsurance Network, a Florida reciprocal insurance exchange; Kin Insurance, Inc., a Delaware corporation; Kin Risk Management, LLC, a Florida limited liability company; Kin Insurance Network Distributor, LLC, a Delaware limited liability company; Kin MGA, LLC, a Delaware limited liability company; and Kin Insurance Technology Hub, LLC, a Delaware limited liability company (collectively with their subsidiaries, successors, assignees, and affiliates, these entities are referred to in these Terms as “Kin”, “we”, “us”, or “our”).
Kin offers insurance Services through multiple insurance carriers, including the Kin Interinsurance Network. Not all Services are available in all states. Kin is paid commissions and may receive other performance-based compensation for its Services. We do not and do not intend to sell insurance products anywhere Kin or its representatives are not licensed, although we may refer you to someone else who sells insurance in a state in which Kin or its representatives are not licensed.
2. Acceptance of the Terms and General Terms
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of another individual, you represent and warrant that you have the authority to bind that individual, your acceptance of the Terms will be deemed an acceptance by that individual, and “you” and ”your” herein shall refer to you and that individual.
If you access the Services on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
These Terms may not describe all of the terms, conditions, exclusions, and exceptions applicable to Kin’s Services. All insurance coverages are subject to the complete terms and conditions of the insurance policies issued. Coverages, terms, and conditions and their availability may vary by geographic location and individual risk circumstances. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
The Services are offered and available to users who are 18 years of age or older. If you do not meet this requirement, you must not access or use the Services.
By using the Services, you agree to the use of electronic signatures in connection with the Services. All manifestations of assent, including but not limited to, click-throughs, voice recordings, and typed or digitized handwritten signatures, shall have the same legal effect as original handwritten signatures.
3. Changes to the Terms
We may revise these Terms from time to time in our sole discretion, and the most current version will be posted on our Website at kin.com/terms. Modifications to the Terms will be effective upon the posting of the modification to the Website, and will apply to causes of action arising after thereafter. If you do not agree to the new Terms, you must stop using the Services.
4. Account Information
Kin may, now or in the future, allow you to link your account on the Service to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your account on the Website to a Linked Account, you are authorizing Kin to store and use your access credentials to access your Linked Account, on your behalf as your agent, to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests, or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing, or using a third-party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is solely your responsibility to comply with such third-party terms.
5. Changes to Services
We reserve the right to withdraw or change the Services at any time, in our sole discretion without notice. We will not be liable if, for any reason, all or any aspect of the Services is unavailable at any time or for any period. From time to time, we may restrict or block access to the Services.
6. Getting a Quote and Applying for a Policy
All premium estimates and quotes generated by Kin are based upon the information you provide and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our Website are general descriptions of available coverages and are not a statement of contract. Prices and coverage limitations included in premium estimates and quotes change based on your answers to our questions during your application, your choices for different products, or due to changes of insurance pricing guides. Whenever you leave your application prior to obtaining an insurance policy, your price may change. Your price and policy terms are not final until you sign and pay.
7. Consumer Reports and Credit-Based Information
In connection with the Services, we may review a consumer report containing credit-based information, including by obtaining or using a credit-based insurance score based on information contained in your consumer report. An insurance score uses information from your credit report and claims history to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a consumer report that could affect a score include, but are not limited to, the following: claims history, payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
We will not review your consumer report or obtain or use a credit-based insurance score when doing so violates applicable law.
8. Communicating with You
You authorize Kin to contact you at the email address or telephone number that you have provided to Kin for advertisement, telemarketing, solicitation or other purposes, including via text message, automatic telephone dialer system, and/or pre-recorded voice to deliver a message. You can revoke this consent at any time by contacting Kin by phone at (855) 216-7674, by email at firstname.lastname@example.org, or by any other contact method listed on the Website. Consent to receiving automated telephone calls or text messages from Kin is not a condition to using the Services.
9. Obtaining an Insurance Policy
All applications for insurance coverage are subject to underwriting approval of the insurance carrier providing the applicable policy. Coverages and availability vary by state and you may not be eligible for certain policies. We reserve the right to determine eligibility.
All purchases of insurance policies are governed by important rules, conditions, exceptions, and requirements set forth in the insurance policy. Your rights and responsibilities are explained there. A copy of your insurance policy will be delivered to you after you sign and your policy is bound.
10. Claims Submissions
If you elect to report an insurance claim, the information you submit regarding your insurance claim is subject to review and verification. Kin reserves the right to request additional information regarding any claim. A representative may communicate with you regarding your claim. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please contact Kin by phone at (855) 216-7674, by email at email@example.com, or by any other contact method listed on the Website. Coverage for claims on your insurance policy will be determined in accordance with the terms and conditions of the applicable insurance policy.
Kin’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Kin or its licensors. You may not use such marks without the prior written permission of Kin. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
12. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. In connection with your use of the Services, you agree:
- Not to violate any applicable federal, state, local, or international law or regulation.
- Not to use the Services to send unsolicited or misleading messages.
- Not to (or attempt to) exploit, harm, or collect the personal information of minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Not to impersonate or attempt to impersonate Kin, a Kin employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- Not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Kin or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process, or means to access the Services for any purpose without the express permission of Kin, including monitoring or copying any of the material on the Website.
- Conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to Kin, other users, third parties, or you.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the express permission of Kin.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce to the Website any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any aspect of the Services, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
13. Third Parties’ Links, Websites, and Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
14. License to Services
Subject to these Terms, we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that you: (i) will not copy, distribute, or modify any part of the Services without our prior written authorization; (ii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) will not transmit any content which contains software viruses or other harmful computer code, files, or programs; (iv) will not disrupt servers or networks connected to the Services; and (v) will comply with these Terms. Using our Services does not give you ownership of any intellectual property rights to our Services or the content you access.
15. Open Source Software
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 (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of the applicable open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
16. Intellectual Property Rights
All right, title, and interest in and to Services including worldwide intellectual property rights therein, are and will remain the exclusive property of Kin and its applicable licensors. We reserve all rights in and to the Services not expressly granted.
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; (vi) protect our, our users’, or the public’s rights, property, or safety; or (vii) improve the user’s experience on the Website.
18. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE WEBSITE.
YOUR USE OF THE SERVICES, INCLUDING THE WEBSITE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND THE PLATFORM OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KIN NOR ANY PERSON ASSOCIATED WITH KIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER KIN NOR ANYONE ASSOCIATED WITH KIN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
KIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KIN, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS, OR DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $1,000. IN NO EVENT WILL KIN OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN EXCHANGE FOR THE SERVICES PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE KIN, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF KIN’S MATERIAL BREACH OF THESE TERMS OR WRITTEN AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
21. Limitation on Time to File Claim
You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, licensors, and/or successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) any inaccuracies in your Application Information; (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. This defense, hold harmless, and indemnification obligation will survive any termination of these Terms and your use of the Services.
23. Governing Law and Jurisdiction
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Dispute Resolution
Subject to applicable law, any disputes between us will only be resolved on an individual basis, and you shall not have a right to bring an action against us as a member or representative of a class or in any consolidated or collective action or in any other legal proceeding conducted by a group or by a representative on behalf of others and any such rights are expressly waived.
25. Waiver and Severability
No waiver by Kin of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kin to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
26. Entire Agreement
Kin reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor, or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense, nor pledge, in any manner whatsoever, any of your rights or obligations under these Terms.
27. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Kin through the “Contact Us,” User Forum, or Support interfaces, or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Kin is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Kin shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Kin may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Kin without any obligation of Kin to you; and (vi) you are not entitled to any accounting, compensation, or reimbursement of any kind from Kin under any circumstances.
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