Terms Of Service

Kin Insurance, Inc. - Terms of Use

Last Modified: July 11, 2017

Kin Services

These terms of use (“Terms”) govern your use govern your access to and use of Kin Insurance, Inc.’s (“Kin”, “we”, “us”, or “our”) our website located at kin.com/terms (the “Website”) or any products or service made available through the Website (together with the Website, the “Services”). Any reference made in these Terms to “Kin” shall be deemed to have been made to Kin Insurance, Inc., its subsidiaries, successors, assignees, and affiliates, as well as any company that controls Kin, directly or indirectly, and any other subsidiary of that controlling company.  More information on the Services is provided below.  KIN RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES AT ANY TIME.

Kin offers insurance products and services through multiple carriers and is licensed in Illinois, Indiana, Florida, and California. Kin is not an insurance company, instead we provide the products and services of our admitted insurance carrier partners licensed to sell insurance in your state. Not all products are available in all states. Kin is paid commissions and may receive other performance-based compensation for its services. We don’t and don’t intend to sell insurance products anywhere Kin isn’t licensed.

These Terms may not describe all of the terms, conditions, exclusions and exceptions applicable to Kin’s products and services. All coverages are subject to the complete terms and conditions of the insurance policies issued. Coverages, terms and conditions and their availability may vary by city, county or state and the individual risk circumstances.

Acceptance of the Terms 

These Terms affect your legal rights and obligations.  If you do not agree to be bound by all of these Terms or our privacy policy located at kin.com/privacy (“Privacy Policy”), do not access or use the Website or the Services. References to “you” in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. If you open an account 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. 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.

This Website is offered and available to users who are 18 years of age or older. By using this Website and the Services, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the Website or the Services.

By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, please do not access or otherwise use our Services or any information contained herein. 

Changes to the Terms

We may revise these Terms from time-to-time in our sole discretion, and the most current version will always be posted on our Website at kin.com/terms. If, in our sole discretion, we deem a revision to be material, we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services.

Account Information

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You will be responsible for all activity associated with your account, including any fees incurred or conduct which violates these Terms or our Privacy Policy. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any of these Terms.

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 Service 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 your sole responsibility to comply with such third party terms.

We reserve the right to withdraw or amend the Website or the Services at any time, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict or block access to the Website or the Services.

Getting A Quote and Applying for a Policy

To obtain a premium estimate and apply for an insurance policy on the Website, you must enter certain personal information, which includes, but is not limited to the following personal information: contact information (e.g. full name, address, email address, phone number), date of birth, gender, homeowner information, marital status, social security number, employment information, income information, and credit information. In addition, Kin may obtain supplemental personal information about a home or homeowner from third party sources to produce a more accurate premium estimate and to make business and/or underwriting decisions regarding the potential insurance policy (together with the information in the preceding sentence, the “Application Information”). Kin may also contact you and other parties to verify Application Information provided to Kin or to obtain or provide additional information. It is a condition of your use of the Services that all the information you provide on the Website is correct, current and complete. You represent and warrant that all information provided on the Website, including, without limitation, the Application Information, is true and accurate and does not violate any federal, state, local or international law or regulation. You agree that all information you provide on this Website or otherwise, including but not limited to through the use of any interactive or messaging features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  We will not be responsible for any losses that result from your failure to provide correct and current information.

All premium estimates and quotes generated by Kin are based upon the information you provided 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. The information and materials related to premium estimates and quotes contained in the Website are intended for general reference only. 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 and set until you sign and pay.

Credit and Credit Based Information

In connection with the Services, we may review your credit report or obtain or use a credit-based insurance score, based on information contained in that report. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures. The information used to develop the insurance score comes from one or more of the following agencies: LexisNexis.

Obtaining an Insurance Policy

All applications for insurance coverage on the Website are subject to underwriting approval of the insurance carrier providing the applicable policy.  Not all of the products or services described on this Website are available in all areas of the United States. Coverages and availability vary by state or province and you may not be eligible. We reserve the right to determine eligibility.

If your insurance policy application is approved, Kin will contact you with an electronic version of the available insurance policy. All purchases of insurance policies through our Website or other transactions for the sale of services formed through the Website are governed by important rules, conditions, exceptions, and requirements that apply to you and your insurance carrier in your issued insurance policy. Your rights and responsibilities are explained there. A copy of your insurance policy will be sent to you after you sign and pay your first payment. It will also be available in your account. 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 and typed or digitized handwritten signatures, are intended to serve as and deemed the equivalent of original handwritten signatures.

Claims Submissions

If you elect to report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. Kin and its affiliates reserve the right to request additional information regarding any claim. A claim representative may be communicating 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 at (855) 717-0022, support@kin.com and or the other contact methods listed on kin.com.  At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy.

Trademarks 

Kin’s name and all related names, logos, product and service names, designs and slogans are trademarks of Kin or its affiliates or 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.

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms. In connection with your use of the Website, you agree:

•                Not to violate any applicable federal, state, local or international law or regulation.

•                Not to use the Website 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 e-mail 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 Website, or which, as determined by us, may harm Kin or users of the Website or expose them to liability.

Additionally, you agree not to:

•                Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, 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 Website 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 Website 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 Website.

•                Introduce 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 parts of the Website, the server on which the Website are 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.   

Notices

 

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. For example, you may not opt out of communications regarding insurance claims that you file under a policy purchased through this Website.

 

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.

 

If you access any third party’s website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the Services and to read the terms and conditions and privacy policy of each other website that you visit.

 

Application License

 

Subject to these Terms and our policies (including policies made available to you within the Services), 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) comply with these Terms.

 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, which shall remain with us and our respective licensors.

 

Open Source Software

 

Certain software code incorporated into or distributed with the Website or otherwise 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 their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

Kin 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 not expressly granted in and to the Services.

 

Disclosure

 

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.

 

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 WEBSITE OR THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT AND THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND THE PLATOFRM 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KIN NOR ANYONE ASSOCIATED WITH KIN REPRESENTS OR WARRANTS THAT THE WEBSITE, 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 SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE 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.

Limitation on Liability 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KIN, ITS AFFILIATES OR THEIR 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, ITS AFFILIATES OR THEIR 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. 

Indemnification 

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 attorney’s 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.

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.

Limitation on Time to File Claim 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability 

No waiver of 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.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Kin with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, except to the extent such terms are contained in a written contract between Kin and a service provider.

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 thereof 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.

Your Comments and Concerns 

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to [support@kin.com].

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.