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Please do not refresh or press back.Terms and Conditions
These Terms of Service ("Terms") govern your access to and use of the application and website (collectively, the "App") and ("Services") provided by Benzy, LLC and its subsidiaries and successors in interest, so please read these Terms carefully before using the Services.
The term "you" in these Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to "Benzy, LLC" shall be deemed to have been made to Benzy, LLC, its successors, assignees, subsidiaries, and affiliates, as well as any company that controls Benzy, LLC, directly or indirectly, and any other subsidiary of that controlling company.
Products and services may not be available in every state and are void where prohibited. Benzy, LLC reserves the right to determine eligibility. 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, which incorporates the Privacy Policy by reference herein please do not access or otherwise use our Services or any information contained herein.
Benzy, LLC reserves the right to modify these Terms as it sees fit at any time, which modification will be effective upon the posting of the modification to our App and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will deem acceptance of such changes. By accessing or using Benzy, LLC's Services, you confirm that: (i) you can form a binding contract; and (ii) you are over the age of 18. If it comes to the attention of Benzy, LLC that a registered user is a child under 18 years of age, Benzy, LLC will cancel that user's account and/or access to the Services immediately. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are that entity's authorized agent and are nevertheless individually bound by these Terms even if Benzy, LLC has a separate agreement with such entity.
In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by Google Play, Apple App Store, or other application obtaining platform in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play's or App Store's terms and policies) when using the Services, including the App. You acknowledge that Google Play and/or App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do Not Rely on our App for your financial decisions. The content on the Benzy, LLC website, app and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Application License
Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You 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 (other than your User Content), which shall remain with us and our respective licensors.
Open-Source Software
Certain software code incorporated into or distributed with the App 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.
Online Data Collection and Advertising
This website utilizes cookies to track and provide a personalized experience to you across third-party applications and websites. By submitting your information, you agree to the use of these cookies and to receive direct email advertising. You may opt out of these emails at any time. Your information may be shared with third parties and affiliates to build affinity within the platform and facilitate the marketing of related products.
Electronic Signature
By entering your name into the signature box on the submission page and further submitting your application, you authorize the use of your electronic signature by Benzy, LLC to establish your identity and to sign electronic documents and forms. This Electronic Signature Authorization will allow us to use your electronic signature on all forms pertaining to your submission for application of insurance through Benzy, LLC and our underwriting partner, American-Amicable Life Insurance Company of Texas. You further agree that, for the purposes of authorizing and authenticating electronic medical records, insurance enrollment, and enrollment in automatic withdrawals from your bank account, your electronic signature has the full force and effect of a signature affixed by hand to a paper document. You acknowledge and agree that you will be held legally bound, obligated, or responsible for any electronically signed submission you make. You agree that your electronic signature is the legal equivalent of your manual signature on any and all forms submitted, indefinitely. By using this website, you consent to be legally bound by the terms and conditions of this agreement.
Benzy, LLC Rights
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Benzy, LLC and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
Account Information
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Benzy, LLC upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your "Account Information"), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Privacy and Passwords
Benzy, LLC values and protects the privacy of your information. Please review Benzy, LLC's Privacy Notice, as it contains important information relating to your use of our App and Products.
Some portions of the Site and Products are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the App is prohibited. You agree that you will notify Benzy, LLC immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. Notify Benzy, LLC via email at contracting@benzy.com. For your protection, if Benzy, LLC believes that any unauthorized access may occur or has occurred, Benzy, LLC may terminate your account access without prior notice to you. You also agree that Benzy, LLC is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
Linked Accounts and Social Networking Sites
Benzy, LLC may, now or in the future, allow you to voluntarily link your account on the Service to your account(s) on third-party services such as Google or Facebook ("Linked Accounts") for the purpose of simplifying the processes of signing up and logging in to your Benzy, LLC account. If you choose to link your account on the Service to a Linked Account, you are authorizing Benzy, LLC to store and use your first and last name, profile picture and email address and enable a login to your Benzy, LLC account by authenticating you with the Linked Account.
User Content
General
The Service may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to Benzy, LLC, you are granting Benzy, LLC a license to use the User Content in order to make it available through the Service.
License Grant by You to Benzy, LLC
By uploading User Content, you are granting Benzy, LLC a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Benzy, LLC to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Benzy, LLC to make such User Content available to, and pass these rights along to, others with whom Benzy, LLC has contractual relationships related to the provision of the Benzy, LLC service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Benzy, LLC determines such access is necessary to comply with its legal obligations.
Submitted Ideas
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Benzy, LLC through the App 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) Benzy, LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Benzy, LLC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Benzy, LLC may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Benzy, LLC without any obligation of Benzy, LLC to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Benzy, LLC under any circumstances.
Unauthorized Use
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
By using the Services you agree not to: (i) create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand). (ii) verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise harm any employee or agent of the company; (iii) use or attempt to use another's account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users' or third party's information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl," "cache," "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the App; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
Electronic Transmissions
By accepting the receipt of Electronic Transmissions, you voluntarily agree to have all records, including your current and future insurance related documents, provided to you in electronic form. Insurance related documents include, but are not limited to:
Your insurance policy and all documents, notices and correspondence related to your insurance policy. This could include ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
Bills, billing notices, payment schedules or any other correspondence related to premium payments;
Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
Any other documents related to your insurance transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our website or app. For this second option, you may need to log-in to access the information.
This consent, unless withdrawn, applies to all transactions between you and Benzy, LLC. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form at no charge.
To withdraw your consent, you can email us any time at contracting@benzy.com with the following subject line "WITHDRAW ELECTRONIC CONSENT." The body of the email must include your name, policy number, the start date of the policy, named insured's date of birth, the effective date of your withdrawal and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form.
To change or correct your email address, you can email us at contracting@benzy.com with the following subject line "EMAIL ADDRESS UPDATE". The body of the email must include your name, policy number, the start date of the policy, named insured's date of birth and the updated email address. Note our website address is contracting@benzy.com.
Hardware and Software Requirements: In order to receive, access, view, sign and retain electronic transmissions that we make available to you, you must have a personal computer or electronic device with internet connectivity and each of the following:
Browser support of Internet Explorer 10.0 or higher, Firefox 59 or higher, Safari 10 or higher, Chrome 54 or higher;
Ability to view the disclosures on your monitor, which can be done with your internet browser;
Sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and
A valid e-mail account with an Internet service provider.
iOS:
iOS version support 11.0 or higher. iPhone Device support 5S or higher.
We don't support iPads, but you can still run the app on iPad mini 2 or later.
App requires a working microphone, front and rear cameras in order to file a claim.
Android:
Android version support 4.4 or higher, can run on any Android device that runs this version.
App requires internet connection, storage, location, camera, microphone and vibration permissions.
We will update you if there are any changes to the hardware or software requirements that could impact your receiving or consenting to electronically delivered transmissions.
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 App and to read the terms and conditions and privacy policy of every website that you visit.
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.
Limitation of Liability
To the maximum extent permitted by law, the Service Is Available "As Is." Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Benzy, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) Benzy, LLC DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Benzy, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Benzy, LLC, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF Benzy, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) Benzy, LLC'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Assignment
Benzy, LLC 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.
Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms and your use of the Site are governed in all respects by the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws. Any dispute concerning the App or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in New York, New York.
General
We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Notice, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these not constitute a waiver of such right or provision.
Insurance Related Notices
These insurance-related notices provide additional information relevant to the Products provided by Benzy, LLC. In the event and to the extent these notices conflict with any federal or state laws or regulations, the latter shall govern.
Your Representations and Warranties
You represent and warrant that:
You do not lack legal capacity to enter into a valid, binding and enforceable contract like an insurance policy;
Your purchase of an insurance policy using the Services is voluntary; and
You have an insurable interest in the property or life insured under an insurance policy you purchase using the Services, in that you have a financial or legally sufficient emotional interest that will be adversely affected by the happening of a fortuitous event with respect to which coverage is afforded under the terms and conditions of that insurance policy.
In the case of a life insurance policy, these statements are deemed representations and not warranties, to the extent required under applicable law.
Digital Assistant
Benzy, LLC's Digital quote tool, may now or in the future, function(s) as an agent of Benzy, LLC Insurance Company. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. Benzy, LLC may at its sole discretion change the Digital Assistant's content and information from time to time. At the time of a claim, coverage and benefits will be determined in accordance with the terms and conditions of your insurance policy. We encourage you to read the applicable insurance consumer Guide prepared by the National Association of Insurance Commissioners:
Life https://naic.org/documents/consumer_guide_life.pdf
Home https://www.naic.org/documents/prod_serv_consumer_guide_home.pdf
Credit and Credit-Based Information
Disclosure in accordance with the Insurance Law
If you are a first time user, please read the following disclosure: In connection with this insurance, 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 TransUnion.
If you used our services before and you wish to renew your policy, please read the following:
In connection with this insurance, we may have previously used a credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. 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 TransUnion.
Recurring Bank Account Card Payments
You understand and agree that the insurance provider will debit the bank account you use to purchase an insurance policy from us on the billing date you select after the submission of your application. Thereafter, we will automatically charge the bank account monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Your policy is a contract for a set period; the stated term in the case of life insurance and one year in the cases of non-life insurance. Your account will automatically be charged for the monthly premium if your policy is on a monthly payment plan. We will do the same for any subsequent renewals of non-life insurance. You may cancel these recurring payments by cancelling your policy at any time by submitting a request with your policy number, the last 4 digits of your Social Security Number, first and last name, and billing address to contracting@benzy.com, from the email address used to sign up for your policy.
Insurance Quotes and Coverages
All quotes generated by Benzy, LLC digital platform 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. To obtain coverage you must submit an application to Benzy, LLC whether on Benzy, LLC's web site, mobile app, or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state.
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. Benzy, LLC reserves the right to request additional information prior to reaching a decision on the claim. A claim representative may be communicating with you regarding your claim. It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please email our customer experience team at contracting@benzy.com.
Consent and Authority to Obtain Information
In connection with any claim under your insurance policy, you consent to the release to us by third parties of any and all information and documents ( whether or not confidential or non-public ) that we deem pertinent to the claim, including but not limited to personally identifiable information, personal financial information, protected health information and any information you have provided to any law enforcement agency. You hereby authorize Benzy, LLC as your representative for purposes of obtaining release to us of any such information from third parties. Any such information released to Benzy, LLC will be held and used in accordance with our Privacy Pledge.
Consent and Authority to Disburse Information
HIPAA Release Authority. By submitting your personal information for an individual quote you grant to Benzy, LLC, its subsidiaries, successors in interest, agents, and licensed affiliates the authority and power to share with third party agents on a "need to know basis" information protected by the Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. Parts 160 through 164 ("HIPAA"), including information or records referred to in 45 C.F.R. Sec. 164.501 and regulated by the Standards for Privacy of Individually Identifiable Health Information found in 65 Fed. Reg. 82462 as protected private records or otherwise covered under HIPAA. You understand that the information contained in those releases of health and medical records may include information relating to sexually transmitted diseases, acquired immunodeficiency syndrome (AIDS), AIDS-related complex (ARC) and human immunodeficiency virus (HIV), behavioral or mental health services, and treatment for alcohol or drug abuse or addiction. Your submission is voluntary and acts as authorizing the disclosure of this health information. You further understand that any disclosure of this information carries with it the potential for an unauthorized further disclosure of this information by third parties and that such further disclosure may not be protected under HIPAA. In order to induce the disclosing party to disclose the aforesaid private and/or protected confidential information, you forever release and hold harmless said disclosing party who relies upon this authorization from any liability under confidentiality rules arising under HIPAA as a consequence of said disclosure. Additionally, Benzy, LLC may sell your contact information, including but not limited to, your PPI and HIPPA protected data with agents and other third parties. Your credit card information and social security number will never be sold.
Confidentiality for New York Victims of Domestic Violence/Endangered Individuals
The provisions in New York Insurance Law, section 2612 sets forth confidentiality protocols for domestic violence victims and endangered individuals and prohibits insurers from discriminating against victims of domestic violence.
According to this law, if any person covered by an insurance policy delivers to the insurer that issued the policy a valid order of protection against a policyholder or other person covered by the policy, the insurer is prohibited for the duration of the order from disclosing to the policyholder or the other person covered, the address and telephone number of the insured, or of any person or entity providing the covered services to the insured. If the covered person is a child, then this right may be asserted by the child's parent or legal guardian.
The law also provides that no insurer may: refuse to issue or renew, deny or cancel any insurance policy; demand or require a greater premium or payment from any person or designate domestic violence as a prior condition, for which coverage will be denied/reduced. The fact that a person is or has been a victim of domestic violence is not permitted in underwriting criterion.
The law also requires a health insurer, as defined in that section of the law to include an accident and health insurer, to accommodate reasonable requests by a person covered by an insurance policy to receive communications of claim- related information by alternative means or at alternative locations if the person clearly states that disclosure of the information could endanger him or her. If the covered person is a child, then the child's parent or legal guardian may make the request. The insurer, without the express written consent of the person making the request, is prohibited from disclosing to the policyholder (1) the address, telephone number, any other personally identifying information of the person making the request or child for whose benefit a request was made (2) the nature of the health care services provided; or (3) the name or address of the provider of the covered services.
The request must include an alternative address, telephone number and/or other reasonable methods of contact. The request should be made by emailing a copy of the order of protection to the insurer at contracting@benzy.com. In order to revoke a request that has been received and implemented, the requesting person must submit to the insurer a written sworn statement revoking the prior request.
For further information, please contact the New York State Domestic and Sexual Violence Hotline. NYS Domestic and Sexual Violence Hotline: 800-942-6906 (English and Spanish) In NYC: 800-621-HOPE (4673) or dial 311. Deaf or hard of hearing: 711.
These terms of service will be updated as necessary from time to time
The term "you" in these Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to "Benzy, LLC" shall be deemed to have been made to Benzy, LLC, its successors, assignees, subsidiaries, and affiliates, as well as any company that controls Benzy, LLC, directly or indirectly, and any other subsidiary of that controlling company.
Products and services may not be available in every state and are void where prohibited. Benzy, LLC reserves the right to determine eligibility. 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, which incorporates the Privacy Policy by reference herein please do not access or otherwise use our Services or any information contained herein.
Benzy, LLC reserves the right to modify these Terms as it sees fit at any time, which modification will be effective upon the posting of the modification to our App and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will deem acceptance of such changes. By accessing or using Benzy, LLC's Services, you confirm that: (i) you can form a binding contract; and (ii) you are over the age of 18. If it comes to the attention of Benzy, LLC that a registered user is a child under 18 years of age, Benzy, LLC will cancel that user's account and/or access to the Services immediately. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are that entity's authorized agent and are nevertheless individually bound by these Terms even if Benzy, LLC has a separate agreement with such entity.
In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by Google Play, Apple App Store, or other application obtaining platform in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play's or App Store's terms and policies) when using the Services, including the App. You acknowledge that Google Play and/or App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do Not Rely on our App for your financial decisions. The content on the Benzy, LLC website, app and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Application License
Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You 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 (other than your User Content), which shall remain with us and our respective licensors.
Open-Source Software
Certain software code incorporated into or distributed with the App 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.
Online Data Collection and Advertising
This website utilizes cookies to track and provide a personalized experience to you across third-party applications and websites. By submitting your information, you agree to the use of these cookies and to receive direct email advertising. You may opt out of these emails at any time. Your information may be shared with third parties and affiliates to build affinity within the platform and facilitate the marketing of related products.
Electronic Signature
By entering your name into the signature box on the submission page and further submitting your application, you authorize the use of your electronic signature by Benzy, LLC to establish your identity and to sign electronic documents and forms. This Electronic Signature Authorization will allow us to use your electronic signature on all forms pertaining to your submission for application of insurance through Benzy, LLC and our underwriting partner, American-Amicable Life Insurance Company of Texas. You further agree that, for the purposes of authorizing and authenticating electronic medical records, insurance enrollment, and enrollment in automatic withdrawals from your bank account, your electronic signature has the full force and effect of a signature affixed by hand to a paper document. You acknowledge and agree that you will be held legally bound, obligated, or responsible for any electronically signed submission you make. You agree that your electronic signature is the legal equivalent of your manual signature on any and all forms submitted, indefinitely. By using this website, you consent to be legally bound by the terms and conditions of this agreement.
Benzy, LLC Rights
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Benzy, LLC and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
Account Information
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Benzy, LLC upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your "Account Information"), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Privacy and Passwords
Benzy, LLC values and protects the privacy of your information. Please review Benzy, LLC's Privacy Notice, as it contains important information relating to your use of our App and Products.
Some portions of the Site and Products are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the App is prohibited. You agree that you will notify Benzy, LLC immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. Notify Benzy, LLC via email at contracting@benzy.com. For your protection, if Benzy, LLC believes that any unauthorized access may occur or has occurred, Benzy, LLC may terminate your account access without prior notice to you. You also agree that Benzy, LLC is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
Linked Accounts and Social Networking Sites
Benzy, LLC may, now or in the future, allow you to voluntarily link your account on the Service to your account(s) on third-party services such as Google or Facebook ("Linked Accounts") for the purpose of simplifying the processes of signing up and logging in to your Benzy, LLC account. If you choose to link your account on the Service to a Linked Account, you are authorizing Benzy, LLC to store and use your first and last name, profile picture and email address and enable a login to your Benzy, LLC account by authenticating you with the Linked Account.
User Content
General
The Service may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to Benzy, LLC, you are granting Benzy, LLC a license to use the User Content in order to make it available through the Service.
License Grant by You to Benzy, LLC
By uploading User Content, you are granting Benzy, LLC a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Benzy, LLC to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Benzy, LLC to make such User Content available to, and pass these rights along to, others with whom Benzy, LLC has contractual relationships related to the provision of the Benzy, LLC service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Benzy, LLC determines such access is necessary to comply with its legal obligations.
Submitted Ideas
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Benzy, LLC through the App 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) Benzy, LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Benzy, LLC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Benzy, LLC may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Benzy, LLC without any obligation of Benzy, LLC to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Benzy, LLC under any circumstances.
Unauthorized Use
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
By using the Services you agree not to: (i) create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand). (ii) verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise harm any employee or agent of the company; (iii) use or attempt to use another's account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users' or third party's information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl," "cache," "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the App; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
Electronic Transmissions
By accepting the receipt of Electronic Transmissions, you voluntarily agree to have all records, including your current and future insurance related documents, provided to you in electronic form. Insurance related documents include, but are not limited to:
Your insurance policy and all documents, notices and correspondence related to your insurance policy. This could include ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
Bills, billing notices, payment schedules or any other correspondence related to premium payments;
Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
Any other documents related to your insurance transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our website or app. For this second option, you may need to log-in to access the information.
This consent, unless withdrawn, applies to all transactions between you and Benzy, LLC. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form at no charge.
To withdraw your consent, you can email us any time at contracting@benzy.com with the following subject line "WITHDRAW ELECTRONIC CONSENT." The body of the email must include your name, policy number, the start date of the policy, named insured's date of birth, the effective date of your withdrawal and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form.
To change or correct your email address, you can email us at contracting@benzy.com with the following subject line "EMAIL ADDRESS UPDATE". The body of the email must include your name, policy number, the start date of the policy, named insured's date of birth and the updated email address. Note our website address is contracting@benzy.com.
Hardware and Software Requirements: In order to receive, access, view, sign and retain electronic transmissions that we make available to you, you must have a personal computer or electronic device with internet connectivity and each of the following:
Browser support of Internet Explorer 10.0 or higher, Firefox 59 or higher, Safari 10 or higher, Chrome 54 or higher;
Ability to view the disclosures on your monitor, which can be done with your internet browser;
Sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and
A valid e-mail account with an Internet service provider.
iOS:
iOS version support 11.0 or higher. iPhone Device support 5S or higher.
We don't support iPads, but you can still run the app on iPad mini 2 or later.
App requires a working microphone, front and rear cameras in order to file a claim.
Android:
Android version support 4.4 or higher, can run on any Android device that runs this version.
App requires internet connection, storage, location, camera, microphone and vibration permissions.
We will update you if there are any changes to the hardware or software requirements that could impact your receiving or consenting to electronically delivered transmissions.
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 App and to read the terms and conditions and privacy policy of every website that you visit.
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.
Limitation of Liability
To the maximum extent permitted by law, the Service Is Available "As Is." Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Benzy, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) Benzy, LLC DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Benzy, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Benzy, LLC, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF Benzy, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) Benzy, LLC'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Assignment
Benzy, LLC 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.
Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms and your use of the Site are governed in all respects by the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws. Any dispute concerning the App or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in New York, New York.
General
We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Notice, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these not constitute a waiver of such right or provision.
Insurance Related Notices
These insurance-related notices provide additional information relevant to the Products provided by Benzy, LLC. In the event and to the extent these notices conflict with any federal or state laws or regulations, the latter shall govern.
Your Representations and Warranties
You represent and warrant that:
You do not lack legal capacity to enter into a valid, binding and enforceable contract like an insurance policy;
Your purchase of an insurance policy using the Services is voluntary; and
You have an insurable interest in the property or life insured under an insurance policy you purchase using the Services, in that you have a financial or legally sufficient emotional interest that will be adversely affected by the happening of a fortuitous event with respect to which coverage is afforded under the terms and conditions of that insurance policy.
In the case of a life insurance policy, these statements are deemed representations and not warranties, to the extent required under applicable law.
Digital Assistant
Benzy, LLC's Digital quote tool, may now or in the future, function(s) as an agent of Benzy, LLC Insurance Company. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. Benzy, LLC may at its sole discretion change the Digital Assistant's content and information from time to time. At the time of a claim, coverage and benefits will be determined in accordance with the terms and conditions of your insurance policy. We encourage you to read the applicable insurance consumer Guide prepared by the National Association of Insurance Commissioners:
Life https://naic.org/documents/consumer_guide_life.pdf
Home https://www.naic.org/documents/prod_serv_consumer_guide_home.pdf
Credit and Credit-Based Information
Disclosure in accordance with the Insurance Law
If you are a first time user, please read the following disclosure: In connection with this insurance, 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 TransUnion.
If you used our services before and you wish to renew your policy, please read the following:
In connection with this insurance, we may have previously used a credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. 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 TransUnion.
Recurring Bank Account Card Payments
You understand and agree that the insurance provider will debit the bank account you use to purchase an insurance policy from us on the billing date you select after the submission of your application. Thereafter, we will automatically charge the bank account monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Your policy is a contract for a set period; the stated term in the case of life insurance and one year in the cases of non-life insurance. Your account will automatically be charged for the monthly premium if your policy is on a monthly payment plan. We will do the same for any subsequent renewals of non-life insurance. You may cancel these recurring payments by cancelling your policy at any time by submitting a request with your policy number, the last 4 digits of your Social Security Number, first and last name, and billing address to contracting@benzy.com, from the email address used to sign up for your policy.
Insurance Quotes and Coverages
All quotes generated by Benzy, LLC digital platform 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. To obtain coverage you must submit an application to Benzy, LLC whether on Benzy, LLC's web site, mobile app, or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state.
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. Benzy, LLC reserves the right to request additional information prior to reaching a decision on the claim. A claim representative may be communicating with you regarding your claim. It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please email our customer experience team at contracting@benzy.com.
Consent and Authority to Obtain Information
In connection with any claim under your insurance policy, you consent to the release to us by third parties of any and all information and documents ( whether or not confidential or non-public ) that we deem pertinent to the claim, including but not limited to personally identifiable information, personal financial information, protected health information and any information you have provided to any law enforcement agency. You hereby authorize Benzy, LLC as your representative for purposes of obtaining release to us of any such information from third parties. Any such information released to Benzy, LLC will be held and used in accordance with our Privacy Pledge.
Consent and Authority to Disburse Information
HIPAA Release Authority. By submitting your personal information for an individual quote you grant to Benzy, LLC, its subsidiaries, successors in interest, agents, and licensed affiliates the authority and power to share with third party agents on a "need to know basis" information protected by the Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. Parts 160 through 164 ("HIPAA"), including information or records referred to in 45 C.F.R. Sec. 164.501 and regulated by the Standards for Privacy of Individually Identifiable Health Information found in 65 Fed. Reg. 82462 as protected private records or otherwise covered under HIPAA. You understand that the information contained in those releases of health and medical records may include information relating to sexually transmitted diseases, acquired immunodeficiency syndrome (AIDS), AIDS-related complex (ARC) and human immunodeficiency virus (HIV), behavioral or mental health services, and treatment for alcohol or drug abuse or addiction. Your submission is voluntary and acts as authorizing the disclosure of this health information. You further understand that any disclosure of this information carries with it the potential for an unauthorized further disclosure of this information by third parties and that such further disclosure may not be protected under HIPAA. In order to induce the disclosing party to disclose the aforesaid private and/or protected confidential information, you forever release and hold harmless said disclosing party who relies upon this authorization from any liability under confidentiality rules arising under HIPAA as a consequence of said disclosure. Additionally, Benzy, LLC may sell your contact information, including but not limited to, your PPI and HIPPA protected data with agents and other third parties. Your credit card information and social security number will never be sold.
Confidentiality for New York Victims of Domestic Violence/Endangered Individuals
The provisions in New York Insurance Law, section 2612 sets forth confidentiality protocols for domestic violence victims and endangered individuals and prohibits insurers from discriminating against victims of domestic violence.
According to this law, if any person covered by an insurance policy delivers to the insurer that issued the policy a valid order of protection against a policyholder or other person covered by the policy, the insurer is prohibited for the duration of the order from disclosing to the policyholder or the other person covered, the address and telephone number of the insured, or of any person or entity providing the covered services to the insured. If the covered person is a child, then this right may be asserted by the child's parent or legal guardian.
The law also provides that no insurer may: refuse to issue or renew, deny or cancel any insurance policy; demand or require a greater premium or payment from any person or designate domestic violence as a prior condition, for which coverage will be denied/reduced. The fact that a person is or has been a victim of domestic violence is not permitted in underwriting criterion.
The law also requires a health insurer, as defined in that section of the law to include an accident and health insurer, to accommodate reasonable requests by a person covered by an insurance policy to receive communications of claim- related information by alternative means or at alternative locations if the person clearly states that disclosure of the information could endanger him or her. If the covered person is a child, then the child's parent or legal guardian may make the request. The insurer, without the express written consent of the person making the request, is prohibited from disclosing to the policyholder (1) the address, telephone number, any other personally identifying information of the person making the request or child for whose benefit a request was made (2) the nature of the health care services provided; or (3) the name or address of the provider of the covered services.
The request must include an alternative address, telephone number and/or other reasonable methods of contact. The request should be made by emailing a copy of the order of protection to the insurer at contracting@benzy.com. In order to revoke a request that has been received and implemented, the requesting person must submit to the insurer a written sworn statement revoking the prior request.
For further information, please contact the New York State Domestic and Sexual Violence Hotline. NYS Domestic and Sexual Violence Hotline: 800-942-6906 (English and Spanish) In NYC: 800-621-HOPE (4673) or dial 311. Deaf or hard of hearing: 711.
These terms of service will be updated as necessary from time to time