Terms – User | 1099Policy

Last updated on June 12, 2024

1099Policy Inc., is a software company that has created a proprietary electronic platform, software, that facilitates the purchase of insurance coverage by individuals and entities through the use of the 1099Policy.com Platform (“Platform”) as governed by this Terms of Use Agreement (“Terms”). Any reference made in these Terms to “1099Policy” shall be deemed to have been made to 1099Policy Inc., 1099 Policy Insurance Agency, LLC., including any subsidiaries, successors, assignees, and affiliates. “Us”, “our” and “we” refer to 1099Policy. The Platform includes proprietary information and all subsequent communication necessary to facilitate the procurement of such insurance coverage (“Services”) by individuals and entities who are all “Users”. The Platform is licensed by employers, staff augmentation firms such as staffing agencies, vendor management system operators (“VMS”), freelance management system operators(“FMS”) and other companies engaged in managing, providing and administering labor pools where Users are matched to available job opportunities. All such employers, staffing agencies, VMS, FMS or employment marketplace creators are “Licensees”. Licensees use the Platform so that Users can procure insurance coverage through 1099Policy Insurance Agency, LLC., a wholly owned subsidiary of 1099Policy Inc., “User Content” is all necessary information required by the Platform for 1099Policy to provide its Services including the Users name and details of the job assignment that the User will be performing. User Content is transmitted to the Platform by the Licensee. “Proprietary Information” is information relating to 1099Policy including content originating on the Platform, processes, methods of operation, financial, business information and intellectual property such as software and computer code that is not publicly available.

All Users are collectively referred to as “you” and include organizations that you are authorized to represent.

These (“Terms”) govern your access to and use of the Platform, website, products, and services, (“Services”) provided by 1099Policy so please read these Terms carefully before using the Platform or Services. By accessing the Platform or using our Services, you agree to be bound by these Terms. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Nature of Platform

1099Policy is a software company. The Platform allows Users to procure certain insurance coverage including: workers' compensation, general liability and professional liability coverage specifically for the length of the assignment taken by the User through the Licensee. The coverage is secured in the name of the User, not the Licensee. By providing the general liability and other coverage on a usage basis, specifically for the length of the assignment the Platform delivers efficiencies that allow the User to procure coverage only for the time the User desires it. Workers' compensation policies are issued for an annual term but can be canceled anytime. By making it easier for the User to procure insurance required of them, the Platform hopes to increase the labor pool of eligible Users.

As elected by the User, coverage is procured by 1099Policy Insurance Agency, LLC with various insurance companies. 1099Policy, nor its subsidiaries are the underwriters of the coverage elected by the User. 1099Policy and the insurance company underwriters reserve the right to determine the Users eligibility for insurance coverage.

Eligibility, Representations and Warranties

By accessing or using our Services, you represent that:

you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, please do not access or otherwise use our Services or any information contained herein;
you can form a binding contract with us on behalf of yourself or the organization that you are lawfully authorized to represent;
you are over the age of 18, as the Services are not intended for children under 18;
the Platform will only be used for intended purpose as described in these Terms;
you will make a diligent effort to provide accurate information required by the Platform for the delivery of the specified Services;
any insurance purchasing decisions such as type of coverage secured, limits and deductibles are completely and solely your responsibility as the User;
you will not rely on our Platform for your financial decisions;
you understand that at the time of a claim, coverage will be determined in accordance with the terms and provisions of the insurance policy.

Application License

Using our Services or Platform does not give you ownership of any intellectual property rights in our Platform or the Proprietary Content you access which shall remain with us. Proprietary Content does not include User Content that emanates from the Licensee or you. Use of any trademarks, logos or service marks owned by 1099Policy requires the written permission of 1099Policy.

This includes but is not limited to use of hot-links or meta tags on other pages or sites in the World Wide Web.

You agree that: (i) you will not copy, reproduce, modify, create derivative works, publish, transmit, distribute, post on any other website any proprietary content from the Platform or modify any part of the proprietary content without our prior written authorization; (ii) you will not reverse engineer, decompile, disassemble, modify, distribute, reproduce, republish or sell in any form the Platform; (iii) you will not create or operate any platform, site or business that is based in whole or in part on the processes or content on the Platform; (iv) you will not injure or disrupt the Platform, servers or networks connected to the Platform or transmit any content which contains software viruses or other harmful computer code, files or programs; and (v) you will comply with these Terms.

1099Policy may at its sole discretion change the Platform’s content and information from time to time. Such changes will be posted on the Platform. You should continue to check the Platform for changes. Your continued use of our Services following the changes is confirmation that you have accepted those changes.

You hereby grant 1099Policy a non-exclusive, worldwide, transferable, fully-paid, royalty free, perpetual and irrevocable right and license (with the right to sublicense) including a right to make such content available to, and pass these rights along to, others with whom 1099Policy has contractual relationships related to the provision of the 1099Policy Service, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your content to third parties if 1099Policy determines such access is necessary to comply with its legal obligations through all media now known or hereafter created, to use, access, view, listen to, copy, modify, publicly perform and display, translate, excerpt (in whole or in part), distribute and archive User Content for any purpose in connection with the Platform or Service. 1099Policy has the right to use all data that does not personally identify an individual User for research, marketing, product enhancement and statistical analysis.

Third Parties’ Links, Services and Open Source Software

The Platform may contain certain software code that is incorporated into, linked or distributed with the Platform or otherwise with the Services and may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and you agree to be governed by those terms and policies. 1099Policy is not responsible for their content or privacy policies.

User Account

Information necessary to set up your “User Account” will be provided. As you elect, that User Account will be used to provide you with the coverage selected for the length of each assignment for which coverage was secured (not applicable to workers' compensation). You are the only authorized user of your User Account and may not authorize others to use your account. 1099Policy may deactivate your account for any reason or no reason at all. False, inaccurate or misleading information will result in your User Account being deactivated. You may deactivate your User Account by notifying 1099Policy at: info@1099policy.com

Deactivating your User Account will not affect the coverage that you may have procured on the Platform. Only the terms and conditions of the policy for the coverage procured will determine how the policy responds.

Disclosure

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.

No Warranty

To the maximum extent permitted by law, the Platform Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE PLATFORM ARE ALL AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1099POLICY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1099POLICY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF 1099POLICY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) 1099POLICY’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE DEACTIVATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. WERE APPLICABLE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION), WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXISTS 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.” NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Complaint Procedure

We are committed to giving you great service, but if something goes wrong we want to hear about it. If you want to file a complaint about 1099Policy, you can do so by email to complaints@1099policy.com. Please include your account number (if you have one) and your contact details so we can get back to you as quickly as possible.

If we cannot provide an immediate resolution, we will send you an acknowledgement by email before investigating and providing you with a final response.

Dispute Resolution and Arbitration

Any and all matters of dispute between the parties to this Agreement, whether arising from or related to the Agreement itself or arising from alleged extra-contractual facts prior to, during, or subsequent to the agreement, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort, shall be decided by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association currently in effect and in accordance with Title 9 of the United States Code, unless the Parties expressly agree otherwise in writing. Notice of the demand for arbitration must be provided, in writing, to the other Party and must be made within 60 days after the dispute has arisen, time is of the essence. All statutes of limitation, which would otherwise be applicable in a judicial action brought by a Party, will apply to any arbitration or reference proceeding hereunder. The arbitration will be decided by a panel of three (3) arbitrators selected under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be initiated and conducted in San Francisco, California. Said arbitration will occur within thirty (30) consecutive days after the Party demanding arbitration delivers the written demand on the other Party, unless the Parties mutually agree otherwise in writing. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The award rendered by the arbitrators will be in writing with written findings of fact and shall be final and binding on all Parties, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the Parties, no arbitration arising out of or relating to this Agreement or the parties' dealings may include, by consolidation, joinder or in any other manner, any person or entity not a Party to the Agreement under which such arbitration arises. The arbitration agreement herein among the Parties will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither Party will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency.

The arbitrators will award to the prevailing Party, if any, as determined by the arbitrators, all of its Costs and Fees. "Costs and Fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses (such as copying and telephone), court costs, witness fees and attorneys' fees.

Assignment

1099Policy reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Use to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Platform; (ii) User Content provided by you (iii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account or (iv) your breach or violation of a right of any third party, including intellectual property rights, or of any law statute, ordinance or regulation. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Delaware consistent with the Federal Arbitration Act., without giving effect to any principles that provide for the application of the law of any jurisdiction.