Legal

TERMS OF SERVICE

Dated: April 3, 2025

  1. INTRODUCTION

Please read these Terms of Service (“Terms”) (previously “Terms & Conditions”) carefully. These Terms are a legal contract between You and Simply Business, LLC regarding Your use of our Services. “Services” means, collectively, the website at https://www.simplybusiness.com and any other website we own or operate, including https://www.harborwayinsurance.com (collectively, the “Site”), as well as the social media pages, web content, materials, widgets, newsletters, information, web applications, chatbots, email notifications, and services, including Insurance Services (defined below), available through the Site.

By using our Services, You accept and agree to be bound by these Terms, and You may not use our Services if You do not agree to these Terms. We may also require that you agree to other specific terms and conditions at the time you use or sign up for certain Services. We may change these Terms at any time in accordance with applicable law, and any changes to these Terms will become effective when posted on the Site. Your use of the Services following such changes means that You accept and agree to be bound by the revised Terms.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER. YOU MAY OPT OUT OF THE ARBITRATION PROVISION AND CLASS ACTION WAIVER AS PROVIDED BELOW. THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY.

The terms “You” and “Your” refer to You and any entity or business that You represent. If You are using the Services on behalf of a business, You represent that You have the legal authority to bind that business to these Terms. The terms “Simply Business”, “Harborway”, “we”, “us”, “our”, or other similar pronouns refer collectively to Simply Business, LLC and Harborway Insurance Agency, LLC d/b/a Harborway Insurance, which is a subsidiary of Simply Business. Both Simply Business and Harborway are licensed insurance producers in all U.S. states and the District of Columbia. Insurance policies offered through Harborway are underwritten by Spinnaker Insurance Company. For clarity and the avoidance of doubt, the Harborway website, which is located at www.harborwayinsurance.com, is not a third-party site as described in Section 5.

  1. PRIVACY

Please review the Simply Business Privacy Policy, which is available at www.simplybusiness.com/privacy-policy (the “Privacy Policy”) and is incorporated into these Terms. The Privacy Policy explains how we use information that we collect about You. By using our Services, You acknowledge that You have read and understand the Privacy Policy and that Your use of our Services is subject to the Privacy Policy.

  1. GENERAL USE; CONDUCT

All interactions on our Site and Your use of the Services must comply with these Terms. If You violate these Terms, we may terminate Your access to the Site or our Services in accordance with applicable law and without prior notice to You, and we reserve the right to seek any and all legal remedies available to us. 

Our Services are intended only for those seeking commercial insurance on behalf of the business(es) they are authorized to represent, and neither our Services nor the content of the Site are intended for individual, personal, family, or household purposes.

By using our Site, You represent that You are at least 18 years of age, that you have the legal right and ability to agree to these Terms, and that you will use our Site and Services in a manner consistent with these Terms. Otherwise, You may not use our Site or Services.

Your use of our Site and Services must be for lawful purposes only, and You must comply with all applicable regulations, policies, and procedures of networks connected to the Site. You may not upload, post or transmit to, distribute, or otherwise publish on the Site or through the Services any materials (including, without limitation, Communications (as defined below)) that:

  • violate or infringe in any way upon the rights of others, including, without limitation, the infringement of third-party intellectual property that is protected by third party copyright, or other proprietary or intellectual property rights;
  • is unlawful, threatening, abusive, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, inappropriate, indecent, lascivious, lewd, profane, obscene, racist, excessively violent, vulgar, or that contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals);
  • in the sole and absolute discretion of Simply Business, restrict or inhibit any other user from using the Site or our Services; or
  • constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

You also warrant and agree that You will not:

  • use the Site or Services to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other harmful or disruptive component or false or misleading indications of origin or statements of fact;
  • interfere or disrupt the Site or Services or any networks connected to the Site or Services;
  • reverse engineer or decompile any parts of the Site or the Services;
  • use any device, software, or routine, or attempt to interfere with the proper functioning of the Site or the Services;
  • use any device to navigate or search the Site other than those tools available on the Site, generally available on third party web browsers, or approved by Simply Business;
  • use any data mining, robots, or similar data gathering extraction methods without the express written consent of Simply Business;
  • take any action that imposes an unreasonable or disproportionately large load on Simply Business’s infrastructure;
  • use the Site to collect or harvest Personal Data (as that term is defined in the Privacy Policy) , including, without limitation, financial information, about other participants at the Site;
  • engage in spamming, flooding, transmission of bulk communications, spidering, ‘screen scraping,’ ‘database scraping,’ or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site;
  • impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; or
  • post any misleading, fraudulent, defamatory, obscene, or otherwise illegal information on the Site.
  1. INTELLECTUAL PROPERTY

All right, title, and interest in and to the Services, including without limitation all the information, data, images, text, audio, content, code, software, and materials in or on the Site (collectively, the “Materials”), and the look and feel, design, arrangement and organization of the Services, and any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis right, and other intellectual property and proprietary rights therein, are the property of Simply Business or its licensors and are protected by United States and foreign copyright, trademark, or other laws. All software used to support the Services is the property of Simply Business or our software vendors and is protected by United States and international copyright laws.

Subject to Your compliance with these Terms, You may view, copy, and print any Materials and use the Services for Your own internal business purposes only as they relate to assessing, purchasing, and maintaining commercial insurance products, provided that Your copies of the Materials retain all copyright, trademark, and other proprietary notices that appear on the original screens. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Services or Materials in any way beyond what is expressly permitted by applicable law, and You may not decompile, reverse engineer, or otherwise translate any software provided on or through the Services. Any sale, transmission, or redistribution of the Site or its content, and any copying, modification, or other use of the Services, Site, or Materials for any purpose other than Your own internal business purpose is strictly prohibited.

Nothing within the Materials, nor Your use of the Services, should be construed as granting any intellectual property rights to the Services, Site, or Materials (or any portion thereof), including the right to use any of the trademarks appearing on the Site, without the express prior written consent of the owner. You are fully responsible for any harm or damages caused by Your infringement of our or any third party’s intellectual property rights related to our Site or Materials, or to third party names, trademarks, or service marks. You are also responsible for any harm suffered by Simply Business or our parent company, subsidiary, or affiliates that results, directly or indirectly, from Your unauthorized copying, distributing, redistributing, publishing, or use of the same.

Simply Business and its affiliated companies retain all rights regarding their respective trademarks, trade names, brand names, and trade dress. These marks, names, or trade dress, and all associated logos or images, are registered and/or common law trademarks of Simply Business or its affiliates or licensors and are protected by U.S. and international laws and treaties. No license to the use of such marks, names, or trade dress is granted to You under these Terms or by Your use of the Services. Your misuse of the trademarks displayed on the Site is strictly prohibited.

  1. THIRD-PARTY SITES

The Site may contain links to other web sites that are not owned or operated by Simply Business, including websites that may provide or reference Simply Business materials (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, user guides, or business practices than Simply Business. Your use of such Third-Party Sites is governed by their respective privacy policies, terms and conditions, or user guides. These links are provided to You only as a convenience. Simply Business does not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, goods, activities, or services offered on or through the Third-Party Sites, or any link displayed or contained in a Third-Party Site. The inclusion of any link on the Site does not imply that Simply Business endorses or recommends the products or services offered by Third-Party Sites, and Simply Business shall have no responsibility for information which is referenced by or linked to the Site. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU FURTHER ACKNOWLEDGE AND AGREE THAT SIMPLY BUSINESS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY INFORMATION, CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR ANY BUSINESS PRACTICES OF ANY THIRD PARTY. If You decide to access any of the Third-Party Sites linked to the Site, You do so entirely at Your own risk.

  1. DATA AND CONSENT TO MONITORING

By using our Services or visiting the Site, You acknowledge that Simply Business or its designees reserve the right to monitor Your use of the Site and may retain records reflecting Your activity or information transmitted to or received through the Site. The cookies and similar tracking technologies Simply Business uses (as described in our Privacy Policy) may also collect information reflecting Your use and activity on the Site or may enable our third-party partners to collect such information. Simply Business may use, disclose, or process Your Personal Data (as defined in the Privacy Policy) for any lawful purposes in accordance with the terms of the Privacy Policy.

You may be required to provide Personal Data and information about You or information about the business(es) (collectively, “Data”) You are authorized to represent to use our Services, as prompted to do so by applications, registration forms, and other forms. You represent and warrant that You are authorized to provide such Data to Simply Business and that such Data is and will be accurate, current, and complete as of the date You provide it to us.

If You engage with any chat functionalities on the Site, those conversations may be retained by us and our third-party partners for our business purposes. Also, if You type information into forms or other fields on the Site, what You enter may be captured and retained by us and our third-party partners for our business purposes. 

  1. COMMUNICATIONS

Except as otherwise stated herein or under our Privacy Policy, any material, information, or other communication You transmit or post to the Site or through the Services (“Communications”) will be considered non-confidential and non-proprietary. By transmitting, submitting, posting, or displaying Your Communications through the Services, You represent and warrant that You or a third-party licensor own or otherwise control all of the intellectual propriety rights and other rights to Your Communications, including all the rights necessary for You to transmit, submit, post, or display Your Communications accordingly. You may not upload, post, or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights, or any other harm resulting from any Communication that You make. You have full responsibility for each Communication You make, including its legality, reliability, and appropriateness. Simply Business has no obligations with respect to the Communications. Except as otherwise stated herein or under our Privacy Policy, or in accordance with applicable law, Simply Business and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit, and otherwise use the Communications and all Data therein for any purpose. You hereby grant to Simply Business a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute each of Your Communications, or any portion thereof, in any form, medium, or distribution method now known or hereafter existing, known, or developed, and authorize others to use the Communications. Simply Business agrees to use any Personal Data contained in Your Communications in accordance with our Privacy Policy and applicable law.

  1. INSURANCE SERVICES

Through our Services, we may provide You with certain insurance related services that may help You find information regarding potential insurance coverages, facilitate Your application for a quote for insurance, bind and issue Your insurance policy(ies), or offer You additional products and services (collectively, “Insurance Services”) from third-party service providers, such as insurance brokers, insurance agents, insurance companies (including those issuing policies through Harborway), agent partners, and other insurance industry professionals (collectively, “Third-Party Insurance Providers” and, together with Harborway, the “Panel Members”). The following terms in this Section 8 apply specifically to the Insurance Services:

  • You are Responsible for Selecting Insurance Products. Simply Business does not endorse the products or services of any Panel Members over another, and we are not an advisor to You. While Simply Business may in its discretion use reasonable efforts to validate and investigate each Panel Member, we do not make any representations or warranties regarding the licensing, certification, or other qualifications of Third-Party Insurance Providers. It is Your responsibility to investigate Panel Members and their product(s), and You should obtain the advice of financial advisors, insurance consultants, or other qualified professionals who are fully aware of Your or Your business’s circumstances before making any financial or insurance decisions. You agree that You will rely on Your own judgment and that of such advisors in selecting any products or services offered by Panel Members and that Panel Members are solely responsible for any services that they may provide to You.
  • Requests for Quotes or Offers. The Insurance Services may give You the opportunity to request to be matched with and receive quotes or offers from Panel Members. These Insurance Services are only available to businesses domiciled and operating in the United States and may not be available in all states or jurisdictions where Simply Business operates. Submitting a form on the Site does not require You to purchase the products or services that may be offered by Panel Members. Prices, costs, premiums, savings, and coverage displayed on the Site before receiving a bindable quote are estimates only and may not be available. Actual prices, costs, premiums, savings, and the availability of coverage may vary by state, insurance provider, and nature of Your business. The Site contains general descriptions of coverage, however Your coverage is subject to the terms and conditions of the policy(ies) You purchase.
  • No Guarantee of Quotes, Fees, Terms, Rates, Coverage, or Services. Simply Business does not make any representations or warranties regarding the quotes, fees, terms, rates, coverage, or services offered or made available by Panel Members. We do not guarantee that You will receive a quote for insurance from a Panel Member if You request a quote, nor do we guarantee that the quotes, fees, terms, rates, coverage or services offered by Panel Members are the best available based on Your specific needs. 
  • Post Binding. Simply Business is not a party to the actual transaction between You and the Third-Party Insurance Providers post-purchase, and You are fully responsible for Your decision to enter into and complete a transaction with a Third-Party Insurance Provider. Simply Business cannot ensure that You and the Third-Party Insurance Provider(s) will complete the transaction(s), and Simply Business has no control over the quality, fitness for purpose, or legality of the Third-Party Providers’ respective products and services. Simply Business is not liable for, and specifically disclaims, any losses, costs, damages, or claims in connection with, arising from, or related to, Your use of a Third-Party Insurance Provider’s products or services.
  • Accuracy of Your Information. To use our Insurance Services, You may be required to provide us with Data , including Personal Data, about You and/or the employees or subcontractors of the business You represent and/or information about the business You represent. By submitting this Data You certify to us that You are authorized to submit the Data on behalf of the person or business You represent and You agree: (i) to provide true, current, complete, and accurate Data, (ii) that no material facts have been suppressed or misstated, (iii) not to misrepresent Your identity or Your business; (iv) to keep Your Data current, and (v) to update Your Data as necessary. You acknowledge and agree that the Data You provide regarding You and Your business will form the basis of any insurance policy issued to You and shall constitute part of the policy, should one be issued. Without limiting anything in the Privacy Policy, You authorize Panel Members, as well as their affiliates and third-party service providers, to conduct all necessary research with Your Data, including checking Your credit history, if applicable, for purposes of providing You with quotes, products, and services, and to obtain consumer reports covered under the Fair Credit Reporting Act (“FCRA”) from a credit reporting agency of their choice.
  • Changes in Information. You agree that if any of the Data You supply changes between the date of submission and the effective date of any insurance offered to You, You will, in order for the Data to be accurate on the effective date of the insurance, immediately notify us or the Panel Member, as applicable, of such changes and You acknowledge and agree that the Panel Member may withdraw or modify any outstanding quotations, premiums, and/or authorizations or agreements to bind insurance in accordance with applicable law as a result of the updated or changed Data.
  • Simply Business is Not an Insurance Company. Simply Business is not a financial institution or an insurance company. Instead, we are a licensed insurance producer, and we help connect You with insurers that may meet Your needs based on information that You provide to us. Policies that You purchase through the Site are underwritten by third-party insurance providers, and each provider handles claims on its own policies.
  • Commissions. Simply Business is a licensed producer and receives a commission from or through our Panel Members. Simply Business is not involved with and is not responsible for any fee arrangement that You may enter into with a Panel Member. You acknowledge and agree to this compensation arrangement. You hereby release Simply Business of and from any and all losses, costs, damages, or claims in connection with, arising from, or related to Your use of a Panel Member’s products or services, including, but not limited to, any fees charged by a Panel Member.
  • Fees. If You choose to purchase products while using our Insurance Services, You may incur certain charges and fees separate from the commission that Simply Business may receive, including, but not limited to, processing, administrative, service, installment, or cancellation fees. Such charges and fees are fully earned upon the binding of each policy You purchase through our Insurance Services. You will be notified of any charges or fees before You purchase the respective insurance products, and by purchasing such insurance products, You consent to such charges or fees.
  • Compliance with Applicable Laws. You are solely responsible for complying with applicable laws and regulations in connection with Your use of any services offered by us or a Panel Member.
  1. CHATBOT / ARTIFICIAL INTELLIGENCE TERMS AND DISCLAIMER

These Chatbot Artificial Intelligence Terms and Disclaimer (“Chatbot Disclaimer”) are incorporated into the Terms. Please read this Chatbot Disclaimer carefully before engaging with the Simply Business AI Chatbot (the “Chatbot”).

  • Acceptance of Terms. By accessing and using the Chatbot on the Site, You acknowledge and agree to the terms of this Chatbot Disclaimer and our Privacy Policy. While the Chatbot aims to offer accurate and helpful responses, its information may not always be exhaustive, up-to-date, or tailored to individual circumstances. Simply Business is not liable for any damages or losses incurred as a result of Your use of or reliance on the Chatbot’s responses.
  • Interaction with AI. By using the Chatbot, You acknowledge that You are interacting with AI technology only, and no representative of Simply Business reviews, checks, validates, or modifies Your interaction with the Chatbot before the Chatbot provides responses to Your questions and comments. Your interaction with the Chatbot and the Data and Communications You provide to it are monitored, recorded, and stored by Simply Business in accordance with our Privacy Policy, and the Chatbot only provides generic responses to the questions and prompts You provide.
  • Modification of Terms. Simply Business reserves the right to modify this Chatbot Disclaimer at any time and for any reason, in its sole discretion, without prior notice to You. By using the Chatbot, You agree to be bound by the then-current Chatbot Disclaimer. The terms and conditions of any revised Chatbot Disclaimer are effective when posted on the Site.
  1. PAYMENT, RECURRING CHARGES, AND REFUNDS

PLEASE READ ALL PAYMENT, RENEWAL, AND REFUND LANGUAGE CAREFULLY BEFORE SUBMITTING PAYMENT INFORMATION.

Billing Information

If You have provided Simply Business (or any of our third-party service providers used to process payments) with Your credit or debit card for payment (Your “Card”), You (i) certify that You are authorized to use the Card to make such payment; and (ii) understand and agree that (a) we will immediately charge the Card to purchase Your selected Insurance Services, and (b) we will save Your Card information to file for any future charges (as described below), and (c) processing fees, if any, are paid to the third-party service providers used to process payment and not directly paid to Simply Business.

Once You have submitted the Card, we will automatically charge to the Card, at intervals based upon the available billing method You selected (e.g. monthly, quarterly, annually, etc.), the applicable fees for such Insurance Services, the amount of which may change as agreed to by You pursuant to prior written notice.

You are responsible for providing and updating all credit or debit card information required for Simply Business or any third-party service provider to apply valid charges to the Card. Depending on Your payment option, You may update Your Card by visiting the Site or calling Simply Business at (844) 654-7272. Simply Business or our service providers may take commercially reasonable actions to validate Your Card. If payment is not received by us or our agents from Your Card issuer or its agents, You agree to pay all amounts due upon demand by us or our service providers. If You fail to pay any amount payable hereunder when due, You agree to pay, in addition to any amount past due, interest accrued thereon, and all reasonable expenses incurred by Simply Business and our service providers in enforcing these Terms, including, but not limited to, all expenses of any legal proceeding related thereto and all reasonable attorneys’ fees incurred in connection therewith. Notwithstanding anything to the contrary contained in these Terms, if You have not paid any amount payable to us by its due date, or if Your Card expires, or if Simply Business otherwise is unable to apply valid charges to the Card through no fault of its own, Simply Business, at its sole option and discretion, in accordance with applicable law, and without any liability to You or any third party hereunder, shall have the right, until such time as all unpaid amounts have been paid, to suspend or terminate all Insurance Services, including canceling issued insurance policies.

Automatic Renewals

To receive continuous service, the Insurance Services You selected will be automatically renewed at the end of the first year and every year thereafter, until You cancel at any time by using any of the cancellation methods below or the Insurance Services are canceled or non-renewed for any legal reason. A cancellation will be effective upon receipt of Your notice of cancellation. Renewals of Your Insurance Services may be subject to new pricing and fees which You will be notified of prior to renewal. If You do not cancel the Insurance Services before the next billing renewal date, You will be deemed to have accepted the new pricing and fees.

Cancellations and Refund Policy

You may cancel by telephone at (844) 241-6648. Depending on your carrier, you may be eligible for a refund of any prepaid premiums for the remaining period of the then-current policy period.

CERTAIN PAYMENTS, AS INDICATED ON THE SITE WHERE YOU SUBMITTED YOUR PAYMENT INFORMATION, ARE NON-REFUNDABLE.

  1. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

Simply Business and its affiliates may provide You with communications, information regarding insurance policies, and notices electronically. Your use of our Services confirms Your express consent to receive communications and all insurance documents electronically rather than in paper form throughout our relationship with You. Under this agreement, Simply Business will provide any and all communications, notices, statements, disclosures, and insurance policy information electronically by email or text message (if applicable). We may also request electronic signatures where applicable. In accordance with applicable state law and in those states where it is required, paper copies of notices of renewal, non-renewal, cancellation, and other applicable documents will be mailed to Your address that we have on file.

To access and retain electronic communications, You will need a computer or mobile device with internet access and access to the email address used to purchase Your policy(ies). If You consented to receive SMS communications, You will also need access to the mobile device associated with the telephone number You provided and SMS capabilities. You can change Your contact information at any time by calling us directly at (844) 654-7272.

  1. NO WARRANTIES

Without limiting the foregoing, Simply Business does not make any warranty that (i) the Site or Services will meet Your requirements, (ii) the Site or Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from Your use of the Services will be accurate or reliable, (iv) the content or information available through the Services is complete, accurate, or available, or (v) the quality of any products, services, information, or other material purchased or obtained by You through the Services will meet Your expectations or needs. No advice or information, whether oral or written, obtained by You from Simply Business or on the Site shall create any warranty not expressly made herein.

Our Services provide You with an opportunity to apply for and compare quotes for commercial insurance and to purchase commercial insurance. None of our Services, and nothing on the Site or within the Materials are intended to or convey legal, accounting, tax, career, or other professional advice of any kind. The Materials concern topics selected by Simply Business for dissemination to the general public and are offered on a blind basis, without any knowledge as to Your industry, identity, or specific circumstances.

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICES, THE SITE, AND THE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SIMPLY BUSINESS AND ITS THIRD-PARTY PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. SIMPLY BUSINESS AND ITS THIRD-PARTY PROVIDERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SECURITY OF THE SERVICES, THE SITE, OR THE MATERIALS. SIMPLY BUSINESS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, THE SITE, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED FROM OUR SERVICES, INCLUDING ON THE SITE AND WITHIN THE MATERIALS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS OR ANY SUCH SHORTER AMOUNT OF TIME AS MAY BE PERMITTED BY APPLICABLE LAW.

  1. INDEMNITY

You agree to indemnify, defend, and hold harmless Simply Business, its parent company, its subsidiary, its affiliates, and all of their respective shareholders, employees, agents, successors, officers, and assigns (collectively, the “SB Indemnified Parties”), from any suits, losses, claims, demands, liabilities, costs, and expenses (including legal and accounting fees) that the SB Indemnified Parties may sustain or incur arising from (i) Your use of the Services, (ii) Your use of the Site or the Materials  in any way contrary to these Terms, (iii) Your breach of any of Your representations, warranties, or obligations in these Terms, (iv) the sale or purchase, or purported sale or purchase, of products by You, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the Insurance Services sold to or purchased by You (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (v) any taxes attributable to the insurance policies purchased or due on the purchase of the insurance policies purchased, (vii) any dispute between You and a Panel Member arising out of a transaction initiated through the Services, or (viii) alleged errors or omissions or misrepresentations in the information, Data, and Communications You provided to Simply Business and upon which Simply Business detrimentally relied. You are prohibited from settling any action, claim, or demand on behalf of the SB Indemnified Parties without our prior written consent. The SB Indemnified Parties shall have the right to conduct any litigation, with counsel of its choice, at Your expense.

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, SIMPLY BUSINESS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES (“PROTECTED ENTITIES”) SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, REVENUE OR GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, EXTRAORDINARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION. IN NO EVENT WILL SIMPLY BUSINESS HAVE ANY LIABILITY FOR CLAIMS RELATING TO BUSINESS DECISIONS MADE BY YOU IN RELIANCE UPON ANY OF THE SERVICES OR THE MATERIALS. THIS LIABILITY EXCLUSION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (UPON ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS, THE SITE, THE MATERIALS, OR THE SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (I) $200 OR (II) THE AMOUNT, IF ANY, PAID BY YOU TO SIMPLY BUSINESS IN THE PREVIOUS TWELVE (12) MONTHS FOR THE PRODUCTS OR SERVICES TO WHICH THE CLAIM OR CAUSE OF ACTION RELATES.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to You, and You may have certain additional rights.

  1. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

This Dispute Resolution and Arbitration; Class Action Waiver provision (the “Arbitration Provision”) facilitates the prompt and efficient resolution of any Disputes that may arise between You and Simply Business. “Disputes” means any dispute, claim, or controversy between You and Simply Business arising out of or relating to any aspect of Your relationship with Simply Business, whether in contract, statute, regulation, ordinance, tort, fraud, misrepresentation, negligence, or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability, or scope of this provision (with the exception of the Class Action Waiver clause below).

YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN A COURT BEFORE A JUDGE OR JURY. You understand and agree that by entering into these Terms You and Simply Business are each waiving the right to a jury trial or a trial before a judge in a public court. Except as otherwise provided below, those rights are waived. You have the right to opt out of this Arbitration Provision, as explained below.

For each Dispute You now or in the future may have against Simply Business, You must first give Simply Business an opportunity to resolve the Dispute by sending Simply Business a written notification that includes (1) Your name, (2) Your address, (3) a written description of Your claim, and (4) the specific relief You seek. If Simply Business does not resolve Your claim within 45 days after it receives Your written notification, You may pursue Your Dispute in arbitration.

Right to Op-Out of Arbitration and Dispute Resolution Procedures

Notwithstanding the above, You may pursue a Dispute in court if You opt-out of this Arbitration Provision in a writing sent by You to Simply Business within 30 days from the date that You first consent to these Terms (the “Opt-Out Deadline”) by sending Simply Business a written notification by email to [email protected] or by U.S. Certified Mail, Return Receipt Requested, to Simply Business, LLC, Attn: General Counsel, 53 State Street, 19th Floor, Boston, MA 02109. Such notice must include (1) Your name and the name of the business You represent, (2) Your address and the address of the business You represent, and (3) a clear statement that You do not wish to resolve Disputes with Simply Business through arbitration. Your decision to opt out of this Arbitration Provision will have no adverse effect on Your relationship with Simply Business. Any opt-out request sent by You (as evidenced by a postmark or email transmission date) after the Opt-Out Deadline will not be valid.

Any arbitration of Disputes shall be brought with the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator. For Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. The arbitrator may order such discovery as allowed by applicable law and the AAA rules. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law.

Class Action Waiver: Except as required by applicable law or otherwise provided in this Arbitration Provision, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class or representative proceeding of claims (such as class action, representative action, or private attorney general actions) unless both You and Simply Business specifically agree to do so in writing following initiation of the arbitration. If You opt out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.

If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this provision will be given full force and effect, except that in the event the Class Action Waiver is found to be unenforceable by a final judgment, then this Arbitration Agreement shall not be applicable to the parties.

  1. MODIFICATION

Simply Business reserves the right, in our sole discretion and at any time and for any reason, to terminate, change, suspend, or discontinue any aspect of our Services or the Site without prior notice to You, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site or Services without notice or penalty in accordance with applicable law. You agree that Simply Business shall not be liable to You or to any third party for any modification, suspension, or discontinuance of any Services.

  1. TERMINATION

You agree that Simply Business may, in accordance with applicable law, deny You access to the Services and disable any username and password associated with You for any reason, including, without limitation, if Simply Business reasonably believes, in its sole discretion, that You have violated or acted inconsistently with the letter or spirit of these Terms.  Paragraphs 12 (No Warranties), 13 (Indemnity), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration; Class Action Waiver), 17 (Termination), 18 (Notices), and 19 (General) shall survive the termination of these Terms and shall continue in full force and effect.

Notwithstanding anything else in these Terms, Simply Business reserves the right to suspend or terminate the Services (in whole or in part), including, but not limited to, initiating on behalf of a Panel Member the cancellation of any policy issued to You, where Simply Business believes that performance of the Services could be a breach of applicable economic or trade sanctions. Simply Business shall not provide any Services or provide any benefit to the extent that the provision of such Services or benefit would violate applicable law or expose Simply Business, our affiliates, or any Panel Member to any sanction, prohibition, or restriction administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), under UN Security Counsel Resolutions, or under other trade or economic sanctions, laws, or regulations. Simply Business also reserves the right to suspend or terminate the Services (in whole or in part), including, but not limited to, initiating on behalf of a Panel Member the cancellation of any policy issued to You, where the appropriate know-your-customer information has not been provided to Simply Business in order to ensure compliance with local regulatory requirements.

  1. NOTICES

Any legal notice required or permitted under these Terms shall be in writing and shall be deemed to have been duly given upon receipt or rejection. Any such notice or communication shall be delivered or directed: (a) if to You, to the e-mail or postal address provided by You when completing a form on the Site, or as later updated by You to Simply Business, and (b) if to Simply Business, to: Simply Business, LLC, 53 State Street, 19th Floor, Boston, MA 02109, Attn: Legal Department.

  1. GENERAL

The Site is created and maintained by Simply Business, LLC. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to choice or conflicts of law provisions, as well as, where applicable and regardless of Your location, the Federal Arbitration Act, and applicable U.S. federal law. Foreign laws do not apply. Except for Disputes subject to arbitration as described above, with respect to any disputes relating to these Terms or the Services, You and Simply Business agree to submit to the exclusive jurisdiction of the federal and state courts located in Boston, Massachusetts. Simply Business provides the Services from its offices within the Commonwealth of Massachusetts. Simply Business does not imply, and specifically disclaims, that its Services or the Materials published on the Site are appropriate for use outside of the United States. If You access the Site from outside the United States, You do so on Your own initiative and You are responsible for compliance with local laws.

Any waiver of any right or provision of these Terms will be effective only if signed by an officer of Simply Business, LLC, and the failure of Simply Business to exercise or enforce any specific term or condition of these Terms shall not constitute a waiver of such right or provision.

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the Class Action Waiver and the Arbitration Provision, if any provision of these Terms is found to be partially or wholly invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between You and Simply Business that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.

You and Simply Business are independent contractors, and no agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, or similar relationship between You and Simply Business is intended or created by these Terms.

“Simply Business”® is a registered trademark of Simply Business and its affiliates. Simply Business, LLC is a wholly owned subsidiary of Travelers Casualty and Surety Company.

  1. INTELLECTUAL PROPERTY INFRINGEMENT

Simply Business respects the intellectual property rights of third parties. If You believe that anything on our Site infringes upon any copyright which You own or control, please notify our legal department by email to [email protected], and provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed upon, or, if multiple works at a single online site are covered by a single notification, a representative list of such works on the Site.
  • Identification of the allegedly infringing material that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Simply Business to locate the material on the Site.
  • Your contact information, including, but not limited to, Your address, telephone number, and email address.
  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate and complete to the best of Your knowledge, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify You that we have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If You receive such notice from us, You may provide us with a counter-notification in writing to Simply Business’s designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement from You under the penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address, telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Simply Business may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Simply Business reserves the right, in its sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.

  1. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and those notices incorporated herein by reference constitute the entire agreement between You and Simply Business, and they supersede any prior or contemporaneous agreements, understandings, or promises with respect to Your relationship with Simply Business, whether written or oral, express or implied, in connection with our Insurance Services.

  1. CONTACT SIMPLY BUSINESS

If You have questions about these Terms or Your access to the Site, You may contact Simply Business by telephone at (844) 241-6648, by email at [email protected], or by mail to Simply Business, LLC, Attn: Legal Department, 53 State Street, 19th Floor, Boston, MA 02109.