These Website Terms and Conditions (“Terms”) set forth the terms relating to your use of Honeycombinsurance.com including the Honeycomb Inspection Mobile Software Application (“Website”) which is operated by Honeycomb Programs Inc. DBA Honeycomb Insurance Services in CA (“Honeycomb”). These Terms are applicable to your use of this Website regardless of how you accessed it. By clicking the "Submit" button, or by otherwise accessing or using the Website, you acknowledge that you have read, understood, and agree to the Terms, and any other supplemental terms and policies referenced below that are expressly stated to be incorporated into, and made a part of, these Terms by reference. These Terms constitute a binding contract that is in full force and effect as of the date you accept these Terms, or otherwise access or use the Website ("Effective Date"). If you are acting on behalf of an entity, you represent that you have the right, authority, and capacity to act on behalf of, and bind to these Terms, such entity. If you do not agree or wish to be bound by these Terms, please do not use or otherwise access the Website. Specific Services and applicable fees may be set forth in a separate policy or order form which shall be subject to these Terms and incorporated by reference into these Terms (an "Order Form").
Honeycomb’s Website and its Services may only be used by persons 18 years old and older. If you are under 18 years old, please do not use this Website and do not submit any information to Honeycomb
Subject to the terms and conditions of these Terms and payment of any applicable fees, Honeycomb grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right, during the Term (defined below), to access and use the Website, solely in order to use the Honeycomb' cost engine in accordance with the terms specified in an Order Form (collectively, the "License").
You may not (and shall not permit or encourage any third party to) do any of the following: (a) reproduce the Website; (b) license, sell, assign, lease, lend, rent, distribute, transfer, host or make available the Website to any third party, or otherwise offer or use the Website in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Website and/or Services; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Website; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Website; (f) make a derivative work of the Website not in accordance with these Terms, or use the Website to develop any service or product that is the same as (or substantially similar to or competitive with) the Website or any Services; (g) publish or transmit any robot, virus, malware, trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Website; (i) take any action that imposes or may impose (at Honeycomb' sole discretion) an unreasonable or disproportionately large load on the Website infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Website; and/or (j) use the Website to infringe, misappropriate or violate any third party's intellectual property rights, or any law, or to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party’s intellectual property or other proprietary rights. In the event you engage in activity that is illegal, defamatory, libelous, threatening, or harassing, Honeycomb reserves the right to disclose any information you provide through the use of this Website to law enforcement authorities as deemed appropriate in the sole discretion of Honeycomb.
Your full compliance with the above restrictions is a condition to the License. You acknowledge and agree that a breach or threatened breach of this Section 2 may cause Honeycomb to suffer irreparable harm or damage for which monetary damages will be inadequate, and accordingly, if Honeycomb seeks an injunction, specific performance, or other equitable relief to enforce any provision under this Section, Honeycomb shall not be required to post a bond or to prove the likelihood of irreparable harm.
The Website is or may be protected by intellectual property rights (and similar) laws, treaties, and conventions. Any rights not expressly granted herein are hereby reserved by Honeycomb and its licensors. As between you and Honeycomb (and except for the License), Honeycomb is the sole and exclusive owner of all intellectual property rights in and to the Website, the Services, and all text, data, information, plans, images, graphics, sounds, videos, reports, audio clips, links, and/or other similar materials generated, related or otherwise provided or appearing on or in the Website and/or the Services. If you give feedback, suggestions or any other information relating to your use of the Website and/or Services, for example recommendations for improvements or features (“Feedback”), that Feedback is solely owned by Honeycomb and may become part of the Website and/or Services without any compensation to you. These Terms are not a sale and they do not convey to you any rights of ownership (or other rights not expressly granted in these Terms) in or related to the Website and/or the Services. The Honeycomb name, logo, and the product names associated with the Service belong to Honeycomb and no right or license is granted to use them by implication, estoppel or otherwise. Honeycomb reserves all rights not granted in this Agreement.
Honeycomb does business in certain states in the United States of America and not all products and services will be available in your state.
All quotes generated by this Website or by an employee of Honeycomb are estimates based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on this Website are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Honeycomb. All applications are subject to underwriting approval. Coverages and availability may vary by state and additional minimum coverage limits may be available in your state.
THE WEBSITE AND ANY INFORMATION, DELIVERABLES, SERVICES, MATERIALS, SOFTWARE, CALCULATORS OR OTHER ITEMS ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY HONEYCOMB AND ITS LICENSORS AND SUPPLIERS. HONEYCOMB DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FEE. ANY RISK ARISING OUT OF USE OR PERFORMANCE OF THE INFORMATION, SERVICES, MATERIALS, SOFTWARE, CALCULATORS OR OTHER ITEMS REMAINS ENTIRELY WITH YOU.
HONEYCOMB WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS WEBSITE OR THE SERVICES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF (OR INABILITY TO USE) THE WEBSITE; (2) USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM THIS WEBSITE; (3) FAILURE OF PERFORMANCE; (4) ERROR; (5) OMISSION; (6) INTERRUPTION; (7) DEFECT; (8) DELAY IN OPERATION OR TRANSMISSION; (9) COMPUTER VIRUS; OR (10) LINE FAILURE. HONEYCOMB IS NOT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHICH ARE DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY, DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY, OR OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY. FURTHERMORE, EXCEPT AS PROVIDED BELOW, HONEYCOMB IS NOT LIABLE EVEN IF HONEYCOMB HAS BEEN NEGLIGENT OR IF HONEYCOMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOWEVER, IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW HONEYCOMB TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES AT THE MINIMUM EXTENT REQUIRED UNDER APPLICABLE LAW. IN ANY EVENT, HONEYCOMB’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL NOT BE GREATER THAN THE AMOUNT YOU HAVE PAID TO HONEYCOMB FOR ITS PRODUCTS OR SERVICES DURING THE 12 MONTH PERIOD PRIOR TO THE OCCURRENCE OF CLAIM GIVING RISE TO SUCH LIABILITY.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY HONEYCOMB LIABILITY ARISING: (A) FROM DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; OR (B) FROM INTENTIONAL FRAUD.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING A WAIVER AND/OR RELEASE ON YOUR PART, THEN THE FOLLOWING APPLIES. CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED WAVIER AND RELEASE. YOUR ABILITY TO USE OUR WEBSITE AND SERVICES IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT TO BE GREATER THAN THE AMOUNT YOU HAVE PAID TO HONEYCOMB FOR ITS PRODUCTS OR SERVICES DURING THE 12 MONTH PERIOD PRIOR TO THE OCCURRENCE OF CLAIM GIVING RISE TO SUCH LIABILITY.
If any third party (including, but not limited to, a regulatory or governmental authority) brings any kind of demand, claim, suit, action or proceeding against Honeycomb or any of its affiliates, and/or any of their respective directors, officers, employees, or representatives (each, an "Indemnitee"), and it is based upon or arises from: (i) your use of the Website or Services; and/or (ii) your breach of any provision of these Terms, (each of the foregoing, an "Indemnity Claim") then, upon written request by Honeycomb (to be decided in its sole discretion), you agree to assume full control of the defense and settlement of the Indemnity Claim, provided, however, that: (i) Honeycomb reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Indemnity Claim, and in such cases you agree to reasonably cooperate with Honeycomb' defense activities at your own cost and expense; and (ii) you shall not settle any Indemnity Claim, or admit to any liability thereunder, without the express prior written consent of the Indemnitee(s).
In addition, and regardless of whether (or the extent to which) you controlled or participated in the defense and/or settlement of an Indemnity Claim, you agree to indemnify and hold harmless the Indemnitee(s) for and against: (i) any costs and expenses (including reasonable attorneys' fees) incurred by the Indemnitee(s) in the defense of the Indemnity Claim; and (ii) any amounts awarded against, or imposed upon, the Indemnitee(s) under such Indemnity Claim, or otherwise paid in settlement of the Indemnity Claim (including without limitation any fines or penalties).
These Terms commences on the Effective Date and shall continue in full force and effect until you delete your Account (including paying Honeycomb any remaining fees) or until otherwise terminated by Honeycomb by giving you 14 days prior notice (the "Term").
Upon termination of these Terms, the License will automatically terminate and be deemed revoked, and you shall immediately cease use of the Website, except to the extent strictly necessary for you to receive Services specified in an Order Forms purchased before the termination effective date (and subject to your payment of any applicable fees). Sections 3 (Honeycomb Intellectual Property Rights), 7 (Disclaimer of Warranties), 8 (Limitation of Liability),9 (indemnification), 12 (Applicable Law/Severability) and 14 (Miscellaneous) shall survive termination or expiration of these Terms, as shall any right, obligation or provision that is expressly stated to so survive, or that by its nature ought to survive. Termination shall not affect any rights and obligations accrued as of the effective date of termination or expiration.
Honeycomb reserves the right to modify the content of this Website, the Services and these Terms at any time by posting the modified Terms at Honeycombinsurance.com. Such modifications will be effective five (5) days after such posting, and your continued use of the Website shall constitute your acceptance of such modifications. In such cases, we will also update the "Last Updated" date set forth above. Please check the above webpage regularly for any modifications. You agree that Honeycomb will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Website or any part thereof (subject to the terms specified in an applicable Order Form with you).
These Terms shall be governed by and interpreted according to the laws of the State of Delaware without respect to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is hereby disclaimed. Any claim, dispute or controversy under, or otherwise in connection with, these Terms shall be subject to the exclusive jurisdiction and venue of the courts located in Delaware and you hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue. Furthermore, to the maximum extent permitted under applicable law, you: (a) agree that any proceedings to resolve or litigate any claim, dispute or controversy will be conducted solely on an individual basis (and not in any class action or class-wide proceeding), and that you may initiate such proceedings only on your own behalf; (b) hereby irrevocably waive the right to litigate such claims, disputes, or controversies in court before a jury; and (c) agree not to participate in claims, disputes, or controversies brought in an attorney general or representative capacity, or in consolidated claims, disputes, or controversies involving another person's Account. If any portion of these Terms is unlawful, void or unenforceable, it shall not affect the validity or enforceability of any other provision.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAUSE OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE YOU AGREE THAT SUCH CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
Honeycomb may be contacted by calling us at (877) 415-8901 or emailing us at email@example.com
Please carefully read the following Terms and Conditions. HoneyComb Programs, Inc. (“Honeycomb”, “we” “us” or “our”), its affiliates and the insurance companies it is partnering with (the “Insurance Carriers”) are providing you with the option to apply for insurance electronically through our platform. By agreeing to these terms and conditions, you give us your consent to provide electronically all documents that Honeycomb and its Insurance Carriers are required to provide in writing in connection with any application for insurance made or insurance policy issued through our platform and to use your electronic signature in conjunction with such insurance applications. Documents to be provided to you electronically may include, but not be limited to, the following (collectively, the “Policy Documents”):
• Policy(s) documents, forms, and endorsements
• Policyholder notices
• Selection/Rejection Forms
• Cancellation and nonrenewal notices
• Premium increase or conditional renewal notices
• Alerts and communications relating to your policy
• Invoices and Bills
By agreeing to these terms and conditions, you give us your consent to allow us and our Insurance Carriers to deliver the Policy Documents relating to your insurance policy(s) and application(s) electronically. This consent for electronic delivery is effective immediately and will remain in effect until you withdraw it. Importantly, if you choose to access your Policy Documents electronically, this does not affect the validity, legal effect, or enforceability of such insurance-related documents. While we reserve the right to modify the terms of this consent, we will not do so without first providing you with notice of any changes. The modified terms will apply to your insurance policy(s) and application(s) and will be binding unless you withdraw your consent to electronic delivery. We and the Insurance Carriers may also use your Electronic Signature for Policy Documents that require your legal signature. You consent that your Electronic Signature has the same legal effect as if you signed the Policy Documents in writing and will be deemed valid, authenticated and binding. “Electronic Signature” means an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such a contract or record. If you would like to receive a copy of any of these documents at no charge, please contact us directly and let us know which document(s) you wish to receive. Contact us at 1-877-415-8901 or via email at firstname.lastname@example.org Method of Delivery.
Some states may require written notices to be sent to you, (e.g. cancellation, nonrenewal, or premium increase notices), even though we or our Insurance Carriers have provided them to you electronically in order for such notices to become effective. Withdrawal of Consent to Receive Policy Documents, Forms and Notices Electronically.
If you wish at any time to withdraw your consent, you may simply ask us by contacting us at 1-877-415-8901 or via email at email@example.com Your withdrawal of consent to access your Policy Documents electronically will not affect or change in any way the legal effectiveness, validity, or enforceability of any documents that were delivered to you electronically before your withdrawal became effective. Your consent to receive your policy and related documents is separate from your consent for electronic delivery of any other documents, such as claims or billing, which you may choose to provide us or your Insurance Carrier. Updating Contacts and Other Notices, Requests, and Inquiries.
You are responsible for providing us with updated information on how we may contact you electronically should your information change from what was previously provided. To update your information, please contact us at 1-877-415-8901 or via email at firstname.lastname@example.org Hardware and System Requirements.
If you choose to receive Policy Document(s) electronically, then to ensure delivery of your Policy Documents, you must have the following minimum hardware and system requirements in order to sign, print, retain, and receive such documents.
•Operating Systems: WindowsXP®; Windows Vista™; Windows® 7; Mac OS X®
•Browsers: The latest stable release (except where noted) of the following browsers: Chrome, Firefox, Safari (Mac OS X only), Internet Explorer 11+
•PDF Reader: Acrobat Reader® or similar software may be required to view and print PDF files
•Screen Resolution: 1024 x 768 minimum (for desktops and laptops)
•Enabled Security Settings: Allow per session cookies
•Mobile Signing Apple iOS® 6.0 or above. Android™ 4.0 or above
•Email: Access to a valid email account
Acknowledgment to Receive Notices and Documents Electronically By agreeing to these terms and conditions you are confirming that your computer or electronic device meets the system requirements necessary to print, store, and receive documents electronically and that you may be able to access such documents for future reference. The above minimum requirements are subject to change. If these requirements change and if required by law, we will give you notice of the revised hardware or software requirements. You may withdraw your consent at that time without the imposition of fees for such withdrawal. Otherwise, continuing to access the Policy Documents electronically after receiving notice of the change is evidence of your continuing consent.
Honeycomb may assign these Terms (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. You may not assign (or in any other way transfer) these Terms (or any of its obligations or rights hereunder) without Honeycomb' express prior written consent. Any prohibited assignment shall be null and void. Subject to the foregoing, these Terms binds and benefits each party and its respective successors and assigns.
Except as may be expressly stated otherwise in these Terms, no right or remedy conferred upon or reserved by any party under these Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Terms, at law or in equity, but shall be cumulative of such other rights and remedies.
The relationship of the parties is solely that of independent contractors. Nothing in these Terms shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.
The Website is not intended to, and will not, operate as a data storage product or service, and you agree not to rely on the Website for the storage of any Account content whatsoever. You are solely responsible and liable for the maintenance and backup of all Account content. Notwithstanding the foregoing, Honeycomb reserves the right to automatically download Account content to Honeycomb' cloud-based database(s).
You agree that Honeycomb may send you notices by email, via your Account, by regular mail, and/or via postings on or through the Website. Except as stated otherwise in these Terms or provided by the functionality of your Account, you agree to send all notices to Honeycomb, to email@example.com
The communications between you and Honeycomb may use electronic means, whether you use the Website or send Honeycomb e-mails, social media, or other messages, or whether Honeycomb posts notices on the Website, or Service or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from Honeycomb in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Honeycomb provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Honeycomb shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) epidemic, pandemic, war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Honeycomb' reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Website shall not be deemed within Honeycomb' reasonable control.
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms are deemed to conflict with each other’s operation, Honeycomb shall have the sole right to elect which provision remains in force.
Honeycomb reserves all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of the Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Honeycomb must be addressed to our agent for notice and sent via certified mail to: firstname.lastname@example.org. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.