Please Read Carefully
Dated: 3/17/2026
These terms of service (“Terms”) are between Affinis Technology, LLC d/b/a CoverageConnect and CertSender, an affiliate of D.C.I.INSURANCE AGENCY INC. d/b/a DCI Insurance (Affinis Technology, LLC and D.C.I.INSURANCE AGENCY INC. d/b/a DCI Insurance are hereinafter collectively referred to as “Company,” “we,” “our,” and “us”) and you (“you” and “your”) and govern your access to and use of our web-based technology platforms that support brokerage services and streamline insurance-related processes for property managers and associations and related products and/or services (collectively, the “Services”). By accessing and/or using our Services, you also agree to the Company’s Privacy Notice (“Privacy Notice”), located at https://coverageconnect.dciins.com/app/privacy-policy, and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with our Privacy Notice and these Terms.
If you access and/or use the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions set forth in these Terms, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by Company from time to time, and the foregoing shall be incorporated herein by reference. If an individual agrees to these Terms on behalf of a legal entity, such individual represents that the individual has the legal authority to bind such entity. If you do not agree to these Terms, do not use the Services.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY INDIVIDUAL MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO RECEIVE A TRIAL BY JURY.
Company’s Services include the CoverageConnect and CertSender platforms. CoverageConnect is a web-based platform designed to streamline the insurance underwriting, quoting and renewal process for condominium associations and property managers. CoverageConnect acts as a centralized system for organizing and managing association insurance data in order to increase efficiency. CertSender is a system used to manage and automate the creation and distribution of certificates of insurance. The platform allows authorized users to request and distribute insurance certificates to lenders and other third parties that require proof of insurance. If you are accessing and/or using the Services, you agree to access and/or use such Services only in accordance with the applicable terms and conditions contained in these Terms and as further described herein.
Company may, at any time, for any reason, make changes to the Services and/or modify these Terms in its sole and absolute discretion. If we make changes and/or modifications that affect your use of and/or access to the Services, we will post notice of the change and/or modification on this Terms page and change the ‘Updated’ date set forth above. You agree that your continued use of the Services following changes and/or modifications will constitute your acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Services offered after the effective date of the changes and/or modifications. Please revisit these Terms regularly to ensure that you stay informed of any changes and/or modifications. Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant portion of the Services. Your continued use of the Services constitutes your agreement to such additional rules.
For information regarding collection, use, and disclosure of your information, please review our Privacy Notice. You agree to our Privacy Notice and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Notice and these Terms.
Right to Use. These Terms permit you to use the Services only for your internal business purposes. By using the Services and accepting these Terms: (i) Company grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Services and information provided therein in accordance with the terms and conditions set forth herein and any additional terms, conditions and policies set forth by Company; and (ii) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content and/or information obtained from and/or accessed through the Services without the express written permission of Company. Notwithstanding the foregoing subsection (ii), your computer may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your browser for display enhancement purposes. If you use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately. Neither these Terms nor your use of the Services convey and/or grant to you any rights: (a) in or related to the Services except for as expressly set forth herein; or (b) to use Company’s names, logos, product and service names, trademarks, or services marks or those of Company’s licensors.
Access to Services. Company retains the right, in its sole discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services due to circumstances within our control and outside of our control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. Please note that the Services may contain access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve User Content (as defined in Section 7), or third-party content, offerings, or other materials made available to you within the Services, or the conduct of parties who use the Services. The Services may be modified, updated, suspended and/or discontinued at any time as determined by Company in its sole and absolute discretion and without notice and/or liability.
Eligibility. To access and/or use the Services, you must be at least eighteen (18) years of age, or must obtain the consent of your parent or guardian. By accessing and/or using the Services, you represent and warrant that you are at least eighteen (18) years of age or have obtained the consent of your parent or guardian. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13). We do not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at info@dciins.com.
Creating an Account. You will need to register for an account in order to access and use certain components of the Services. You agree to provide true, accurate, and current information in connection with your access to and/or use of such Services and your account. You may be asked to provide certain information to access certain portions of the Services or to receive certain resources made available by Company. You must ensure that any user IDs and other access credentials are kept strictly confidential and not shared with any unauthorized person. From time to time, we may restrict access to all or part of the Services as we may determine in our sole discretion. You will comply with all applicable laws, rules, and/or regulations when accessing and/or using the Services. You are responsible for making necessary arrangements to use the Services, such as securing a device and/or internet access. You are responsible for ensuring that all persons who access the Services through your device and/or internet connection are aware of these Terms and comply with these Terms. You agree to notify Company immediately of any unauthorized access to or use of the Services or any other breach of security.
Data Security; Unauthorized Access. You acknowledge and agree that Company utilizes third-party service providers to host and provide the Services and store your User Content, and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of data. You are responsible for properly configuring and using the Services and taking appropriate steps to maintain security, protection, and backup of all of your User Content. Company is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of, your User Content and data or other information that you submit and/or use in connection with the Services (including as a result of your errors, acts, or omissions).
Communications. You agree to receive certain communications in connection with the Services. When you use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Services. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Certain electronic communications from Company may include promotional and advertising material and information about Company, unless or until you elect to opt-out of receiving such communications by clicking the unsubscribe link and/or by notifying us at info@dciins.com that you no longer desire to receive promotional communications from us.
Your Conduct and Responsibilities Company grants you the rights set forth herein, subject to the following conditions:
Confidentiality. During your access to and/or use of the Services, you may have access to certain information of Company that is not generally known to others including any and all information relating to Company and its business, such as, its business, legal, and operational practices, financial, technical, design, performance characteristics, commercial, marketing, competitive advantage or other information concerning its business and affairs, partnerships and potential partnerships, business model, fee structures, employees, funding opportunities, metrics, algorithms, techniques, formulas, processes, know-how, systems, ideas, inventions (whether or not patentable or copyrighted), feedback, procedures and techniques that have been or may hereafter be provided or shown to you, regardless of the form of the communication (collectively, "Confidential Information”). You will use best efforts to protect and prevent any access to Confidential Information.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMMERCIAL USE, REPRODUCTION, TRANSMISSION OR DISTRIBUTION OF ANY INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY IS STRICTLY PROHIBITED.
Company may use any information and/or materials submitted through the Services in connection with the insurance brokerage services offered by DCI Insurance. Company will exercise commercially reasonable efforts to maintain the confidentiality of the business and/or financial information that you upload into the Services; however, Company shall not be subject to any obligations of confidentiality regarding any other information and/or materials submitted to Company except as otherwise specified in these Terms and/or the Privacy Notice and/or as set forth in any additional terms and conditions relating to specific products and/or services utilized by Company in conjunction with the Services, and/or as otherwise required by law. Company may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Company currently offers the Services at no charge as part of the overall services offered by DCI Insurance. However, Company reserves the right to impose charges for use of the Services in the future.
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services and/or products descriptions, pricing, coverage limits, deductibles, premiums, historical data, building size/square footage, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, and/or omissions, and/or make changes to content and/or other information without obligation to issue any notice of such changes. In addition, the Services may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Services and Data. Excluding your User Content, the Services and their entire contents including but not limited to the Company names, logos, graphics and other information and materials we provide through the Services are the property of and owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to the tools, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, and slogans is prohibited. As between the parties, Company and/or its licensors are the owner of and retain all right, title and interest in: (i) all content and information provided by Company; and (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Services, including but not limited to data or insights collected from the Services and/or in connection with your use of the Services. Subject to the limited rights expressly granted hereunder, Company and/or its third-party licensors reserve all right, title and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Company names and logos are trademarks and/or service marks of Company (the “Marks”) and we retain all right, title, and interest in and to the Marks.
User Content. During the course of your access to and/or use of the Services, you or other users may create, enter, post, upload, store and/or transmit content and information on the Services and through communication facilities that may be offered on, through, and/or in connection with the Services from time to time (collectively, “User Content”). Company may use the User Content you submit to the Services for its intended purpose. By way of example and not limitation, Company may transmit information you submit to the Services to insurance agencies/brokers, who would then send it out to insurance companies to obtain quotes and manage the association’s insurance programs. In connection with your use of the Services, you hereby grant Company a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, process, distribute, store, modify, analyze and otherwise use your User Content in connection with the provision of the Services, as well as the provision of insurance brokerage services provided by DCI Insurance, in any form, medium or technology now known or later developed. This license includes the right for us to make your User Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Services, including the right to move your User Content to another platform. In addition, Company reserves the right to compile, collect, copy, modify, publish and use anonymous and aggregate data generated from your use of the Services for analytical and other business purposes, and Company shall retain ownership of such aggregated and anonymized data.
Company and our third-party service providers will be able to see your User Content that you upload on the Services and you hereby irrevocably grant such parties the right to access and/or use your User Content in connection with their use of the Services in accordance with these Terms or in connection with providing the Services. You alone are responsible for your User Content, and once published, it cannot always be withdrawn or deleted. Information that you upload to your record will be accessible to management companies that the association may retain in the future. You assume all risks associated with your User Content, including its quality, accuracy, and/or reliability. You also represent that you own, and/or have the necessary permissions to use and authorize use of your User Content as described in these Terms.
We may delete or remove User Content, in our sole and absolute discretion, that we believe in our sole discretion may violate any terms of use and/or other policies, or may infringe upon another person’s intellectual property rights, other rights or threatens the personal safety of users of the Services or the public. Company may preserve your User Content and may also disclose your User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of your User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and/or the public. The technical processing and transmission of your User Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Notwithstanding anything herein to the contrary, Company is not obligated to take any action not required by law. If you become aware of misuse of the Services by any person, please contact us at info@dciins.com.
User Content Restrictions. User Content shall not contain any unauthorized content which includes but is not limited to:
We are not obligated, but reserve the right to remove or suspend, in whole or part, your User Content if it violates these Terms and the user content restrictions described herein or any other applicable user content restrictions, as updated from time to time.
Feedback. If you provide us with any feedback, suggestions, improvements, reviews, enhancements, recommendations relating to the Services (“Feedback”), then you further grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
We prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means (except with Company’s express written consent). You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You may not interfere with the proper working of the Services, including without limitation by placing an unreasonable load on the Services’ infrastructure.
Company reserves the right, in its sole and absolute discretion, to terminate or suspend your access to the Services, without liability, without cause and/or without notice. Without limiting any other remedies, Company, without notice, may suspend or terminate your access to the Services, without liability, (i) if Company suspects, in its sole discretion, that you have violated the terms and conditions set forth herein, any of Company’s policies referenced herein, the Privacy Notice, or any other applicable policies and/or terms; (ii) if you engage in improper or fraudulent activity in connection with Company and/or the Services; and/or (iii) for any other reason. In the event you share the access granted with any person or entity, and/or misuse the Services by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Company will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately. In such event, Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
You shall release, indemnify, defend and hold harmless Company, its officers, directors, agents, employees, contractors, subcontractors, suppliers, service providers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature including reasonable attorneys’ fees (“Claims”) arising out of and/or relating to (i) User Content submitted and/or uploaded by you, in connection with the Services; (ii) any use of the Services in violation of these Terms; (iii) your violation of any law and/or the rights of a third party; (iv) your use of the Services; (v) any breach of these Terms by you or your representatives; and/or (vi) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Company in writing upon your receipt of notice of any Claim against you that might give rise to a Claim against Company. You will allow us to participate in the defense, and will not settle any Claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY COMPANY TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS TO AND/OR USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) COMPANY WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS AND/OR OTHER REPRESENTATIVES BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES.
COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
The information available on the Services is intended to be a general information resource regarding the matters covered. The Services are not a substitute for professional advice, and you should not construe this as legal, accounting, financial and/or other professional advice.
We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. Should you believe anything in the Services infringes on any copyright that you own or the copyright of others, you may notify the copyright agent (“Copyright Agent”) at DCI Insurance, Attn: Copyright Agent, 1449 S. Michigan Ave., Suite 13291, Chicago, IL 60605, or at info@dciins.com. We will respond to clear notices of copyright infringement when you provide the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located in the Services; (iv) information reasonably sufficient to permit contact (i.e., an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in the Services. All other inquiries directed to the Copyright Agent will not be responded to.
Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by contacting us at info@dciins.com and describing the nature and basis for the dispute as well as the relief sought. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and Company agree to resolve any claims related to these Terms including your use of the Services and the scope of this provision, regardless of whether such claims are based in contract, tort, statute, fraud, unfair competition, or some other legal theory, through individual final and binding arbitration, except as set forth under the ‘Exceptions to Agreement to Arbitrate’ section below, you opt out as described below, or if another mechanism is outlined in our Privacy Notice for privacy related disputes. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by individual binding arbitration in accordance with the American Arbitration Association (AAA)’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes in effect at the time the proceedings begin and as modified by these Terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these Terms. The arbitration will be conducted through the submission of documents, by phone, or in person in Chicago, Illinois or at another mutually agreed location. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
Individual Basis; Waiver of Right to Jury or Class Action. Any such controversy and/or claim shall be arbitrated on an individual basis and not in a class, consolidated, or representative action. By agreeing to these Terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that any dispute will be resolved exclusively in a state or federal court located in Cook County, Illinois, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
Exceptions to Agreement to Arbitrate. The agreement of the parties to arbitrate as described herein does not: (i) prevent either party from litigating any dispute in small claims court (either you and/or Company may assert claims, if they qualify, in small claims court in Cook County, Illinois); (ii) apply to disputes arising out of or related to infringement or other misuse of our, our licensors’ or third-party provider’s intellectual property rights, and Company may bring a lawsuit to stop unauthorized use and/or abuse of the Services, or related to infringement (for example, Company’s trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Company within thirty (30) days from the date that you first became subject to this arbitration provision (i.e., the date you initially accepted these Terms). You must write us at info@dciins.com and include your actual name and any username, address and a clear statement that you do wish to resolve disputes with us through arbitration.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Company consent to the foregoing venue and jurisdiction.
Company is located in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to our agent for notice to info@dciins.com. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may not assign or transfer any of your rights or obligations under these Terms without our prior consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms shall inure to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
If any provision and/or term of these Terms shall become or be declared illegal, invalid, or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. These Terms shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of these Terms, these Terms will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Company of any breach and/or default and/or failure to exercise any right allowed under these Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under these Terms. These Terms, the Privacy Notice and all documents and policies referenced herein supersede all prior terms, agreements, discussions, and writings regarding the Services and constitutes the entire agreement between you and us regarding the Services.
If you would like to request additional information regarding these Terms or for any questions, please contact us at info@dciins.com.