(Last modified September 27, 2018)
1. Introduction and Definitions
“Business Premises” refers to the property which is covered when a Logged-in User uses the Services to purchase Homeshare Insurance, which may be more fully defined in an Insurance Policy for Homeshare Insurance.
“Device” refers to the handheld or tablet device onto which you downloaded an Application and are using the Services, or are otherwise accessing the Services. The Device may be specified as either an “iOS Device” or “Android Device”.
“Insurance Policy” refers to any insurance policy provided by Slice or a Third-Party Insurer which defines the coverage (and related terms) for the Insured when a Logged-in User uses the Services to purchase On-Demand Insurance, and is hereby incorporated by reference into these TOU.
The full text of the Insurance Policy covering your On-Demand Insurance will be made available to you prior to your purchase of On-Demand Insurance.
“Insured” refers to an individual (or individuals) who is (are) the beneficiary of the On-Demand Insurance purchased through the Services, as more fully defined in the Insurance Policy.
“On-Demand Insurance” refers to any insurance purchased through the Services. In these TOU, it may be further specified as “Homeshare Insurance”, “Rideshare Insurance”, or some other type of On-Demand Insurance purchased through the Services, as the case may be.
“Services” are the proprietary software services that Slice has developed to allow you to purchase On-Demand Insurance and submit insurance claims, which may be used through the Website, an Application, or other means.
“Slice” refers to Slice Insurance Technologies Inc., a duly incorporated company in the State of Delaware, USA, and all of its affiliates, subsidiaries and parent companies. Where the present TOU refers to “Slice”, it may refer to Slice or its employees, officers, directors, subcontractors, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Slice. In these TOU, a Website visitor or Services user may be referred to as “you”. When a user has created an account and is logged in, they may be referred to as a “Logged-in User”.
“Third-Party Insurer” refers to a company licensed to sell On-Demand Insurance in your jurisdiction, with whom you (or a third-party beneficiary) are subject to their Insurance Policy if you purchase their On-Demand Insurance through the Services.
“Website” may be the website located at http://www.slice.is which is owned and operated by Slice and includes all subdomains (including but not limited to https:// versions of the Website), present and future. Website may also refer to a website at a different URL through which you are accessing the Services, which may be under common control of Slice and a Third-Party Insurer.
2. Acceptance and Modifications
By visiting the Website, using the Services on the Website, or downloading, using or accessing the Application on your Device, or by using the Services in any way, you hereby accept to be bound by these TOU without any reservations, modifications, additions or deletions. Upon your creation of an account, you would also have clicked or tapped an acceptance box, indicating your agreement to be bound by the TOU.
If you are an individual using the Website or Services on behalf of a corporation or other registered organization (“Legal Entity”), you represent and warrant that you have the capacity and authority to enter into the TOU on behalf of the Legal Entity, and hereby agree to be bound by all the terms herein on behalf of that Legal Entity.
If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or Services. If you have downloaded the Application and do not agree to all the provisions of the TOU, you must delete the Application from your Device. The TOU are a legal and binding agreement between you and us. Where you are using the Services to purchase On-Demand Insurance for the benefit of a third party, you represent and warrant that the third party has given you their consent to enter into these TOU for such a purpose, and such third party agrees to be bound by the Insurance Policy.
THESE TOU CONTAIN A WAIVER OF JURY TRIAL AND A WAIVER OF CLASS ACTION THAT MAY DIMINISH OR AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE WAIVERS, AS FOUND IN SECTION 19, CAREFULLY.
Slice reserves the right to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. If there are any changes to the TOU that materially affect your relationship with us, you will be notified upon logging-in to the Services or via email. Your use of the Website and / or Application and / or Services following your being notified of any changes to the TOU constitutes acceptance of those changes.
3. Contacting Us
If you have any questions about the TOU, please contact:
Slice Legal Services
Slice Legal Services
33 Irving Place, Suite 4017B
New York, NY 10003
4. General Code of Conduct for Use of the Website or Services
By visiting the Website and / or using the Services, you agree to:
a. Not use the Website or Services in any manner that in any way violates these TOU;
b. Not use the Website or Services in any manner that violates any intellectual property rights of Slice or any third party, including but not limited to the Third-Party Insurer (if applicable);
c. Not use the Website or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
d. Not use the Website or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Slice or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Slice, other Services users, or any other third party;
e. Not: (1) take any action that imposes or may impose (as determined by Slice in its sole discretion) an unreasonable or disproportionately large load on Slice’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or Services or any activities conducted on the Website or through the Services; (3) bypass any measures Slice may use to prevent or restrict access to the Website or Services or any element thereof; (4) use manual or automated software, devices, or other processes to “scrape”, “crawl” or “spider” any page or services of the Website or Application; or (5) harvest or scrape any content from the Website or Application;
f. Not visit the Website if you are under the age of 13, or use the Services if you are under the age of 21;
g. Use the Website and / or Services in good faith, and in compliance with all applicable local, state, national, and international laws.
5. Use of the Application
a. The Application is licensed, not sold. Slice grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on your Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that Slice has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, pecuniary or non-pecuniary, which Slice may suffer) of any such breach. Where a third party uses the Application on your Device, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility.
c. This paragraph describes how the Application accesses functions of your Device that are not part of the Application and are developed by third parties. These are known as “permissions”, and you agree that Slice has the right to access third-party computer code on your Device in this manner. The following is a complete listing and description of what functions on the Device that were developed by third parties are accessed and / or modified by the Application on your Device. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Services:
● Location – Allows the Application to access your current location (user permission only)
● Notifications – The Application may send you notifications (user permission only)
● Device & App History – The Application may read this log data stored on your Device
● Wi-Fi Connection Information – The Application may retrieve network connectivity and speed information from your Device
7. Accessing and Downloading the iOS Application from the Apple iTunes Store, and Related Acknowledgements
a. You acknowledge and agree that (i) these TOU are concluded between you and Slice only, and not Apple; and (ii) Slice, not Apple, is solely responsible for the Application and content thereof. Your use of the Application must comply with the Apple App Store Terms and Conditions, which you are responsible to review from time to time.
b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
c. Apple will have no warranty obligation whatsoever with respect to the Application. As between Slice and Apple, any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Slice, or as further specified and limited hereinafter.
d. You and Slice acknowledge that, as between Slice and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Slice acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Slice, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified in section 3 above and elsewhere in these TOU.
f. You and Slice acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOU as related to your license of the Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the Application against you as a third-party beneficiary thereof.
g. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Without limiting any other terms of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
i. You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Slice, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”) shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.
8. Accounts, Passwords and Logged-in Users
As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties, and that conforms to any password requirements that may be displayed during the registration process.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Slice and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your account information and accessing your account through any means, and disclaims any responsibility in this regard.
Slice reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as further described in section 14 of these TOU.
9. Acknowledgements on Your Behalf and / or on Behalf of the Insured
Prior to using the Services to purchase On-Demand Insurance for your benefit or the benefit of third-party Insured(s), you acknowledge and agree to the following:
a. You (and any third-party Insured(s) if applicable) are at least twenty-one (21) years of age;
b. You (and any third-party Insured(s) if applicable) do not have a criminal record;
c. When purchasing Homeshare Insurance, you personally, or your spouse, own the Business Premises for which you are purchasing On-Demand Insurance, or you have permission from the owner to rent the Business Premises as a Homeshare Business as envisioned in the Insurance Policy, or you have permission from the owner of the Business Premises to purchase On-Demand Insurance on their behalf;
d. When purchasing Homeshare Insurance, you are renting the Business Premises for the primary purpose of overnight short-term accommodations, and through a sharing network company;
e. When purchasing Homeshare Insurance, you (or the third-party Insured) have existing personal insurance covering the Business Premises for which you are purchasing On-Demand Insurance;
f. When purchasing Homeshare Insurance, if the Business Premises for which you are purchasing On-Demand Insurance was constructed before 1980, it has had the following updates completed: roof, electrical, plumbing, heating/cooling, and building envelope; and
g. All the information you provide to us is truthful and accurate, to the best of your knowledge. You agree to provide any additional information pertinent to the underwriting of your coverage for your On-Demand Insurance, or to conform with any regulatory requirements, when requested by us or the Third-Party Insurer (if applicable). This sub-section applies equally to any third-party Insureds if applicable, and you represent and warrant that you have permission to provide such information on behalf of the third party, now and in the future.
Slice reserves the right to delete your account if we determine, at our sole discretion, that you have misrepresented yourself, any third-party Insured(s) if applicable, or your situation with respect to the any information submitted as per this section.
10. Purchase of On-Demand Insurance
When you use the Services to purchase On-Demand Insurance, you acknowledge and agree to the following:
a. You (and any third party who is an Insured under the Insurance Policy) are bound by the terms and conditions of the Insurance Policy without qualification;
b. Any preliminary estimate given through the Services is non-binding. Once a final price is determined, the price is firm and in U.S. dollars or your local currency depending on where you are accessing the Services, that may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Pricing does not include sales taxes as applicable, which shall be displayed during the checkout process, depending on your location;
The terms as outlined in this section are separate and in addition to any terms relating to the purchase of insurance found in the Insurance Policy.
11. Submitting and Processing of Claims
You may use the Services to submit a claim as per the Insurance Policy (hereinafter “Claim”). When submitting a Claim, you acknowledge and agree to the following:
a. You shall submit your Claim as soon as practicable following the discovery of your loss or damage;
b. All the information you submit as part of your claim is truthful and accurate, to the best your knowledge;
c. When you submit a Claim, your Claim is processed by a third party on behalf of Slice or the Third-Party Insurer (if applicable) (the “Third-Party Claims Processor”), who shall contact you after receiving your Claim to begin the processing of your Claim;
d. You agree to provide any additional information pertinent to the processing of your Claim, when requested by us or the Third-Party Claims Processor, which shall also be truthful and accurate to the best of your knowledge;
e. Notwithstanding the Third-Party Claims Processor’s processing of your Claim, Slice and / or the Third-Party Insurer (as applicable) shall make a determination as to the merit and / or amount payable of your Claim. The decision of Slice and / or the Third-Party Insurer (as applicable) is subject to appeal as per the complaints process as outlined in the Insurance Policy;
f. If you are entitled to payment under your Claim, Slice will remit payment to you via payment method as determined by Slice. At Slice’s sole discretion (or the discretion of the Third-Party Insurer if applicable) and as specified in the Insurance Policy, Slice or the Third-Party Insurer (if applicable) may undertake to repair or replace damaged property.
The terms as outlined in this section are separate and in addition to any terms relating to the processing of Claims found in the Insurance Policy.
12. Proprietary Rights
You acknowledge that: (i) the Services, Application and Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (ii) Slice and/or third parties including but not limited to the Third-Party Insurer (if applicable) own all right, title and interest in and to the Services, Application and Website and content that may be presented or accessed through the Services, Application and Website, including without limitation all Intellectual Property Rights therein and thereto. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and these TOU should not be construed as a sale of any rights in the Application. All rights not specifically granted under these TOU are reserved to Slice and its licensors.
For the purposes of the present section and elsewhere in these TOU, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, Application or Website, or content that may be presented or accessed through the Services, Application or Website for any purpose, unless otherwise permitted by us or the functionality of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services, Application or Website; or (iii) remove, obscure, or alter Slice’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services, Application or Website.
The content, arrangement and layout of the Services, Website and Application, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Slice or the Third-Party Insurer (if applicable), either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Slice, or as permitted by the functionality of the Services, Website or the Application or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Website or Application, computer code, images, logos, videos, audio or trademarks found in the Services, Website or Application or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Slice may take action accordingly.
If you choose to communicate to Slice suggestions for improvements to the Application, Website, Services or Slice’s business generally (collectively, “Feedback”), Slice shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Slice and waive in favor of Slice, its successors and assigns all your moral rights in the Feedback, and agree to provide Slice such assistance as Slice may require to document, perfect, and maintain Slice’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Slice, you are not entitled to any compensation or reimbursement of any kind from Slice under any circumstances.
Apple and iOS are registered trademarks of Apple Inc. Android is a registered trademark of Google Inc. Airbnb, VRBO, HomeAway and any other Homeshare companies presented through the Website or Services are registered trademarks of their respective owners.
13. Interruption of Service
From time to time, the Website or Services may be unavailable for brief periods of time for maintenance and / or modifications to the Website or Services. While we will endeavour to make this unavailability as brief as possible, Slice and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or Services, and disclaims any responsibility thereto.
14. Termination of the Website or Services, Your Access Thereto, and the TOU
Slice may also, in its sole discretion and at any time, discontinue providing the Website or Services, or any part thereof, with or without notice. You agree that Slice or its Representatives shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Website or Services, or from Slice’s termination of the Website or Services, or any portion thereof. In the event that Slice discontinues providing the Website or Services as per this paragraph, any On-Demand Insurance already purchased shall continue to be operative and effective through its stated expiration date.
Termination of the Website or Services or your access to the Website or Services shall terminate the present TOU as between you and Slice. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
15. External Links
In no way will Slice or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or Application or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES, THE INFORMATION THEREON (WHETHER PROVIDED BY SLICE OR THIRD PARTIES) OR ANY ACTIVITY ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES OR THE INFORMATION THEREON OR THE MATERIALS DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE WEBSITE OR SERVICES, ANY MATERIALS DOWNLOADED THEREFROM, OR ANY THIRD PARTY MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES OR ANY OTHER FUNCTIONALITIES OF THE WEBSITE OR SERVICES, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM (I) YOUR USE OF THE WEBSITE OR SERVICES, THE INFORMATION THEREON, ANY MATERIALS DOWNLOADED THEREFROM, OR (II) ANY ACTIVITY ARISING FROM THE USE OF THE WEBSITE OR SERVICES, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM.
THE INFORMATION OR RESOURCES PROVIDED THROUGH THE WEBSITE OR SERVICES, WRITTEN OR PRODUCED BY SLICE STAFF, FREELANCE WRITERS OR OTHER SUBCONTRACTORS ARE KNOWN TO BE AS ACCURATE AS POSSIBLE AT THE TIME OF WRITING OR PRODUCTION, AND EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION FROM THE WEBSITE OR SERVICES IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR, AND SLICE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM CHANGES OR ERRORS IN INFORMATION, OR ANY OMISSION, ON THE WEBSITE OR THROUGH THE SERVICES.
SLICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT THE WEBSITE OR SERVICES, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM, AND ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SLICE, AND ITS REPRESENTATIVES DO NOT WARRANT THAT: (I) THE WEBSITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS OR OMISSIONS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE OR SERVICES OR ANY CONTENT DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS.
SOME OF THE CONTENT DISPLAYED ON THE WEBSITE MAY INCLUDE MATERIALS (INCLUDING WITH RESPECT TO PRODUCTS OR SERVICES) THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT A DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE WEBSITE OR APPLICATION, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THE WEBSITE OR SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
17. Limitation of Liability
SLICE OR ITS REPRESENTATIVES SHALL NOT BE LIABLE AND ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR IN RELATING TO THE INFORMATION ON THE WEBSITE OR SERVICES OR DOWNLOADED THEREFROM, THE USE OF THE WEBSITE OR SERVICES, ACTIVITIES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, OR ANY THIRD-PARTY MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SLICE OR ITS REPRESENTATIVES: (I) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR RELATING TO THE WEBSITE OR SERVICES OR YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF SLICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, IN NO EVENT WILL SLICE’S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED THE AMOUNTS OF THE PORTION OF THE PREMIUM CONSTITUTING SLICE’S FEES PAID IN THE PREVIOUS SIX (6) MONTHS OF YOUR USE OF THE SERVICES.
19. Governing Laws and Jurisdiction; WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION
The TOU shall be governed by and construed in accordance with the laws of the State of New York, USA, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website or Services, you agree that any action at law or in equity arising out of or relating to the TOU or your use of the Website or Services shall be filed and adjudicated only in the State or Federal Courts located in the State of New York, in Manhattan, and any appellate courts therefrom, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such court over any suit, action or proceeding arising out of the TOU or your use of the Website or Services. Notwithstanding the foregoing, Slice shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the New York court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce a judgment obtained against you in the New York court.
You and Slice expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU, your use of the Services nor to any dispute arising therefrom.
YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE WHICH MAY ARISE UNDER THESE TOU OR YOUR USE OF THE SERVICES IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TOU OR YOUR USE OF THE WEBSITE OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND SLICE WILL RESOLVE ANY DISPUTES, CLAIMS OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THESE TOU OR YOUR USE OF THE WEBSITE OR SERVICES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT SLICE AND YOU SHALL NOT PARTICIPATE IN ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THESE TOU OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES.
The provisions of this section apply to disputes relating to the use of the Website or Services not involving insurance; such disputes are covered by the terms of the Insurance Policy regarding legal action. In the event of any conflict between this section and the terms of the Insurance Policy regarding legal action the latter shall prevail.
20. Miscellaneous Provisions
b. Slice and its Representatives shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Slice’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
d. The failure of Slice to enforce any provision of these TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision.
© Slice Insurance Technologies Inc. 2018