Terms of Service
Last Modified: July 16, 2018
Unqork is a fulfillment platform for insurance that transforms front-end sales for the insurance industry. Unqork is owned and operated by Unqork Inc., a Delaware corporation (“Unqork”, “we” or “us”). These Terms of Service (“Terms of Service”) govern your access to and use of the website located at https://unqork.com/ (the “Website”), including any content, functionality and services offered on or through the Website, and any of our other products or services (collectively referred to as the “Services”).
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
Changes to these Terms of Service
We may modify these Terms of Service at any time in our sole discretion. We will post notice of changes to these Terms of Service on the Website. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted, whichever is sooner. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms of Service accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms of Service. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms of Service are not acceptable to you, you should not access or use the Services after the Last Modified Date.
Data Privacy and Personal Information
Unqork and the Services are operated from within the United States. Unqork provides the Services for use only by users located in the United States. Unqork makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. Access to the Services may not be legal in certain countries, and if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
Third Party Links
The Services may contain links to other sites and resources provided by third parties, including social media widgets. Such links are provided for your reference and convenience only. Unqork is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you access these third-party sites or services, these third parties may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information that you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk and subject to the terms and conditions of use for such websites or third parties. Unqork is not responsible for the actions, content, information, data, practices, policies, or opinions of any third parties. You are solely responsible for your interactions with third parties and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
If you have a dispute with one more third-party websites or third parties, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Using the Services requires you to accept our Terms of Service. By using the Services, you represent and warrant: (i) that all of the information that you provide is correct, current, and complete; (ii) that, to the extent you are asked to create an account, you have created an account for yourself and have not misrepresented your identity or created a false identity; and (iii) that you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purpose of providing any illegal information. If you believe that your identity or someone else’s identity has been misrepresented, please contact us immediately. You may also report other users who you believe to be in breach of this paragraph.
You agree to keep your account information confidential and to not share your account with others. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. We have the right to disable any username, password, or other identifier at any time in our sole discretion if, in our opinion you have violated the Terms of Service.
Collection of Information by Third Party Providers
Amazon Web Services and Azure
By using the Services, you agree to be bound by the policies, terms, and agreements of Amazon Web Services and Microsoft Azure.
Changes and Termination of Services
We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, stop, or delete an account or may suspend or stop the Services altogether, including, for example, if you do not comply with these Terms of Service or if we are investigating suspected misconduct or breach of any applicable laws. You can stop using our Services at any time. We may also stop providing Services to you, add or create new limits to our Services, or restrict your access to all or a part of the Services at any time and for any reason without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.
Information Provided Through the Services
By using the Services, you acknowledge and agree that you assume all liability for all content and other data that you submit through the Services, as well as the accuracy and appropriateness of such data and content. Furthermore, you acknowledge and agree that Unqork in no way represents or warrants that (i) the Services will produce any guaranteed or specific results or that such results will meet your expectations or (ii) Unqork independently verifies the accuracy of information provided by you.
If you have a dispute with a party that entered information at your direction, you hereby release Unqork (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Internet Connections; Mobile Access
You understand that Unqork provides the Services over the Internet and that such connections can be unpredictable, insecure, and unstable, such that Unqork cannot guarantee uninterrupted access to the Services. Unqork disclaims all liability in connection with any interruptions to Service access, security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against Unqork in connection therewith.
We do not represent or warrant that the Website is compatible with all devices and operating systems, and it is your sole responsibility to determine whether the Website is compatible with your devices. We may from time to time make updates to the Website. Such updates may require your acceptance of new Terms of Service before you may continue to use the Website.
To the extent you access the Services through a mobile device, you acknowledge and agree that your wireless service carrier’s standard charges, data rates and other fees may apply, and that all such charges and fees will be your sole responsibility. You should check with your carrier to find out what plans are available and how much they cost. By using the Services on your mobile device, you agree that we may communicate with you regarding Unqork and the Services by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us.
You grant Unqork a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, distribute, modify, offer for sale or exploit any suggestions, ideas, criticism, or other type of feedback you make relating to the Services, with no obligation to pay you royalties or any other compensation.
You understand and acknowledge that you are responsible for any Content that you submit or contribute, and you, not Unqork, are fully responsible for such content, including its legality, reliability, accuracy, and appropriateness. Unqork is not responsible, or liable to you or any third party, for the content or accuracy of any Content posted by you or any other user of the Services. You acknowledge that all Content accessed by you using the Services is at your and your customers’ own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Conduct and Content Standards
You may use the Services only for lawful purposes and in accordance with these Terms of Service Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:
- You will only use the Services in accordance with the laws of your jurisdiction.
- You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.
- You will not violate the rights of any other party.
- You will not engage in any conduct that restricts anyone’s use or enjoyment of the Services or may harm Unqork or our users or expose them to liability.
- You will not impersonate or attempt to impersonate someone else or misrepresent your affiliation with someone else, including, but not limited to, Unqork, an Unqork employee, another user, or any other person or entity.
- You will register for the Services using accurate and current information.
- You will not submit Content that infringes another’s patent, trademark, trade secret, copyright, or other intellectual property rights.
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
- You will independently verify the quality, relevance or accuracy of any information posted on the Services by others who post such information at your direction.
- You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Service.
- You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
- You will not submit unsolicited promotional content, advertising, political campaigns, contests, raffles, or solicitations.
- You will not use the Services in a manner that could damage, disable, overburden, or impair the Services or to disrupt or interfere with another’s use of the Services, nor use any device or software that interferes with the proper working of the Services.
- You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts, attack the website via a denial-of-service attack or distributed denial-of-service attack
- You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts), nor attempt to gain any unauthorized access to the server on which the Website is stored, or any server, computer, or database connected to the Website.
- You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
- You will not transmit malware, software viruses, Trojan horses, worms, logic bombs, or any other malicious application or material to or through the Services.
- You will not threaten, dox, or otherwise harass users.
- You will not submit information that is inaccurate, false, fraudulent, or misleading.
- You will not submit unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, inappropriate, sexually explicit, or otherwise objectionable or offensive material of any kind.
- You will not act in a manner that violates these Terms of Service.
- You will notify us immediately of any content on the Services that violates these Terms of Service.
We have the right to: (i) remove or refuse to submit any Content for any or no reason in our sole discretion; (ii) take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Unqork; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
YOU WAIVE AND HOLD HARMLESS UNQORK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services and all past, present and future content and functionality of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations, video, audio, and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, slogans, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Unqork, are (i) owned by Unqork, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the limited business purposes permitted by Unqork in your Master Service Agreement (or similar document whereby you are granted rights to use the Services in exchange for a fee and (iv) may only be used in accordance with these Terms of Service.
Using our Services does not give you ownership of any intellectual property rights in the Services or any content on the Services. You may not use content from the Services, including Content, unless you obtain permission from Unqork or are otherwise permitted by law. These Terms of Service do not grant you the right to use any of Unqork’s technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Unqork. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Claims of Copyright Infringement
If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:
85 Fifth Avenue, 6th Floor
New York, NY 10003
The notice should include:
- Your full name and electronic or physical signature.
- Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
- A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
- A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
- A description of the copyrighted work(s) that you claim has been infringed.
- A description of the location of the copyrighted materials on the Services.
Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning Unqork or the Services electronically, including notice to any email address that you may provide.
Term and Termination
These Terms of Service will remain in effect until terminated by you or Unqork. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms of Service or for business reasons. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.
You agree that Unqork may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. Unqork has no obligation to maintain, store, or transfer your information or data that you have uploaded to the Services.
Disclaimer of Representations and Warranties
THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNQORK NOR ANY PERSON ASSOCIATED WITH UNQORK MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER UNQORK NOR ANYONE ASSOCIATED WITH UNQORK REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
UNQORK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
You may not assert claims for money damages arising from the Services or any associated content against Unqork, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. Unqork, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if Unqork knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content on the Services, (ii) any interaction with any third party through or in connection with the Services, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall Unqork, its affiliates, licensors or service providers, or its respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless Unqork, its affiliates, licensors and service providers, and its and their respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgments, awards, losses, costs, expenses, fines or fees (including attorney’s fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Service, or violation of a third party’s rights. Unqork reserves the right, at Unqork’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Unqork in asserting any available defenses.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Choice of Law and Jurisdiction
You agree that the laws of the State of New York and U.S. federal law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against Unqork, without regard to New York’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York, New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Unqork will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Unqork for all fees associated with the arbitration paid by Unqork on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms of Service, you and Unqork may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Unqork shall be exclusively brought in the state or federal courts of New York, New York.
Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.
Severability and Integration
You may not assign these Terms of Service without Unqork’s prior written approval. Unqork may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Unqork’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Unqork as a result of these Terms of Service or your use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Unqork in writing.
The Services are operated by Unqork. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
85 Fifth Avenue, 6th Floor
New York, NY 10003