Zillion Terms of Use

Effective date: July 18, 2019

Your Agreement to Zillion’s Terms of Use

These Terms of Use for Zillion Insurance Services, Inc.’s website and Zillion’s CustomerCenter (collectively our “Site”) and related Services (as defined below) are an agreement (“Agreement”) between, Zillion Insurance Services, Inc. (“Zillion," “us,” “our,” or “we”), and you, a user of our Site or our Services (“User”). Please review these Terms of Use carefully before using our Site or our Services. By clicking agree or by accessing our Site or using any of our Services, User agrees to be bound by this Agreement and Zillion’s Privacy Policy at myzillion.com/privacy. If User is agreeing to these terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to this Agreement, and User’s agreement to these terms will be treated as the agreement of such business or individual. In that event, “User” also refers to that business or individual. Zillion’s provision of any Service is subject to the terms of this Agreement and any supplemental terms which Zillion may present User with for review and acceptance at the time User subscribes to such Service (each, “Additional Terms”), and any Additional Terms shall be incorporated into and form a part of this Agreement. If the terms hereof conflict with any Additional Terms, the Additional Terms will govern with respect to the matters contemplated thereby.

 

Users of our Site or Services must be 18 years of age or older. If you are under the age of 18 you must stop using our Site and Services immediately and not submit any information to us.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SITE OR OUR SERVICES.

Zillion Services
Zillion is an insurance agency licensed in all of the states within the Continental United States and the District of Columbia. As an authorized representative of leading, highly-rated property and casualty insurance companies (our “Insurance Partners”), Zillion offers users the ability to purchase insurance policies (our “Services”) covering jewelry, including but not limited to jewelry purchased from our jewelry retail partners (our “Retail Partners”). We offer these Services in the following ways: (1) by providing an insurance quote on our Retail Partners’ online web-stores during cart checkout, (2) by providing an insurance quote through our Retail Partners’ use of the Zillion CustomerCenter, and (3) by providing an insurance quote directly to Users through our Site. By selecting the Services, you are engaging directly with Zillion, and not with our Retail Partners, for the purchase of insurance. Zillion also offers Retail Partner Users the ability to use the Zillion CustomerCenter to create and track Statements of Value for their respective customers as part of these Services.

Access to Zillion Services
To use our Services, you are required to submit certain personal information, as is further described in and governed by our Privacy Policy. You agree to submit accurate, up-to-date, complete, and truthful information when submitting such information to us or to our Retail Partners in connection with our Services. We have final and sole discretion in granting access to our Services and reserve the right to reject users without notice or explanation. 

Use of Zillion’s Site and Services
You are responsible for your use of our Site and Services. You agree to use our Site only in a safe manner and in compliance with all laws and regulations. You agree not to access, copy, or otherwise use our Site and Services, including our intellectual property and trademarks, except as authorized by these Terms of Use or as otherwise authorized in writing by Zillion. You agree you will not: (i) submit fraudulent insurance applications, insurance claims, or otherwise attempt to defraud Zillion, its Insurance Partners, or any other party in connection with your use of the Site or the Services, (ii) copy, distribute or disclose any part of the Site or the Services in any medium, including without limitation by any automated or non-automated “scraping”; (iii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Services in a manner that sends more request messages to Zillion servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Zillion grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials); (iv) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Services; (v) take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms or other software agents through the Site or Services; (vii) upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (viii) collect or harvest any personally identifiable information, including account names, from the Site or Services; (ix) access the Site or Services through any technology or means other than those provided or authorized by Zillion; (x) decompile, use reverse engineering, disassemble, derive the source code of or decrypt the Site or server hosting the Site; (xi) stalk, harass, bully or harm another individual who uses our Site or Services; (xii) impersonate any person or entity or misrepresent your affiliation with a person or entity; (xiii) use the Site for any criminal communications or for transmitting any child pornography; (xiv) hold Zillion responsible for your use of our Site; (xv) violate any requirements, procedures, policies or regulations of networks connected to Zillion; (xvi) interfere with or disrupt the Site or Services; (xvii) hack, spam or phish us or other users of the Site or Services; (xviii) use our Site or Services to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content or information; (xix) cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; or (xx) upload any content or information to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you are discovered to be undertaking any of the aforementioned actions, your privileges to use our Site or Services may at our sole discretion be terminated or suspended.

Third Party Services, Website, and Resources
The Site and the Services may contain links to third-party websites or resources. Zillion provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. User acknowledges its sole responsibility for, and assumes all risk arising from, User’s use of any third-party websites or resources.

Insurance Coverage

Zillion’s Site contains general descriptions of insurance coverage offered by our Insurance Partners. Such descriptions do not include all of the specific insurance policy provisions, terms and limitations of coverage. It is the insurance policy, and not the general descriptions of the insurance coverage on our Site, that forms the contract between you and the Insurance Partner and governs the terms and limitations of insurance coverage offered as part of our Services. Insurance coverage, pricing and procurement is subject to an underwriting review by Zillion and/or by the relevant Insurance Partner. 

Payment
You understand and agree that use of Zillion’s Services may result in charges to you for insurance products or coverage you receive through Zillion acting as an agent for its Insurance Partners. Zillion, or a third party payments processor engaged by Zillion, will facilitate your payment of insurance policy premiums, and any applicable fees and/or taxes, charged by the Insurance Partner providing the insurance coverage. All charges shall be inclusive of applicable taxes, if any, as required by law. 

Payment of the initial annual insurance premium, which includes a commission we receive from our Insurance Partners, is due immediately and payment will be facilitated either (i) by the Retail Partner’s web-store during the checkout process or (ii) by Zillion, or a third party payments processor engaged by Zillion, for insurance policies you have entered into through Zillion’s Site covering items, including but not limited to items you have previously purchased from a Retail Partner. Any and all subsequent annual insurance policy premiums payable by you for such policies will be facilitated by Zillion, or a third party payments processor engaged by Zillion. In either case, Zillion will send you a receipt for the premium paid via email. 

Taxes
You agree that you are responsible for all taxes, levies and fees (if any) associated with your use of the Services. Although we may charge you for sales taxes or other taxes, you agree that if we do not, you will pay any associated taxes, levies, or fees.

Electronic Communications
The communications between you and Zillion use electronic means, whether you visit the Site, or send Zillion e-mails, social media, or other messages, or whether Zillion posts notices on the Site or communicates with you via email, or social media. For contractual purposes, you (1) consent to receive communications from Zillion in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Zillion provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Site. Zillion reserves the right to change the access configuration of the Site at any time without prior notice.

Compliance With All Laws and Regulations
Zillion is not responsible for your violation of any laws while using our Site and Services. You must comply with all local, state, or federal laws regarding your use of our Site and Services. Our Services are void where prohibited.

Intellectual Property Rights
The design of the Site, along with Zillion-created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zillion, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Zillion reserves all rights not expressly granted in and to the Services and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Services unless we have given express written permission.

Data
Zillion will provide Users with certain Zillion Data and Users will provide Zillion with certain User Data as permitted under Zillion’s Privacy Policy, located at myzillion.com/privacy. Users may use such Zillion Data as Zillion may provide for Users lawful business or personal purposes, and Zillion may use User Data provided by User for Zillion’s lawful business purposes. As between the parties, User shall retain all right, title and interest in and to the User Data as provided to Zillion. Zillion is, and will remain, the owner of the Site, Services, and Zillion Data, any aggregate data based on the User Data that does not contain any personally identifiable information or User specific information, all usage information regarding the Site, Services, and any modifications, improvements, User feedback, or  derivative works of any of the foregoing, and all patents, copyrights, trademarks, service marks, trade secrets and other proprietary or intellectual property rights associated with any of the foregoing (“Zillion Technology”). Nothing herein limits Zillion’s use of the Zillion Technology in any manner, and no right, title or interest therein or thereto will be transferred to User hereunder except as expressly provided in this Agreement.

Disclaimers of Representations and Warranties
OUR SITE AND/OR SERVICES ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT YOU MAY NOT ACHIEVE ANY DESIRED RESULTS WHILE USING OUR SITE OR SERVICES. WE DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE, SOFTWARE, OR SERVICES MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE AVAILABLE, WORK, OR BE ACCESSIBLE AT ANY PARTICULAR TIME. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SITE OR SERVICES, SATISFACTORY QUALITY OF OUR SITE OR SERVICES, MERCHANTABILITY OF OUR SITE OR SERVICES OR THAT OUR SITE OR SERVICES ARE NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. ZILLION IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICES.

Limitation of Liability
IN NO EVENT SHALL ZILLION ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SITE OR OUR SERVICES, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (IV) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (VI) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICES, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICES FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZILLION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE AND SERVICES WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER. NOTWITHSTANDING THE FOREGOING LIMITATION OF LIABILITY, IF YOUR JURISDICTION HAS PROVISIONS SPECIFIC TO WAIVERS OF LIABILITY THAT CONFLICT WITH THE ABOVE, THEN WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ZILLION’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, 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 RELEASE. YOUR ABILITY TO USE OUR SOFTWARE AND SERVICES IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. 

Indemnity
You agree to defend, indemnify and hold harmless Zillion, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site and/or Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your information or content caused damage to a third party. 

This defense and indemnification obligation will survive this Agreement and your use of the Zillion Site or Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for attorneys of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Choice of Law and General Principles
This Site is operated by Zillion from its offices within the United States of America. Zillion makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By using the Site, regardless of where you live or are located in the world, you consent to these Terms of Use. All matters relating to the Site, the Services and these Terms of Use and any dispute or claim arising under or relating to the Site, the Services or these Terms of Use, shall be governed by and construed in accordance with the internal laws of the State of California, U.S.A. without giving effect to any choice of law provision or rule. You and Zillion 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 Terms of Use, your use of the Site or Services nor to any dispute arising therefrom. 

Forum of Dispute; WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION
YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE WHICH MAY ARISE UNDER THESE TERMS OF USE OR YOUR USE OF THE SITE OR 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 TERMS OF USE OR YOUR USE OF THE SITE OR SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND ZILLION WILL RESOLVE ANY DISPUTES, CLAIMS OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF USE OR YOUR USE OF THE SITE 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 ZILLION AND YOU SHALL NOT PARTICIPATE IN ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THESE TERMS OF USE OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

The provisions of this section apply to disputes relating to the Terms of Use and the use of the Site or Services not involving insurance. Disputes involving insurance policies issued in connection with the Services are covered by the terms of the insurance policy relating to legal disputes, claims or controversies (collectively, “Suits”). In the event of any conflict between this section and the terms of an insurance policy regarding Suits, the latter shall prevail with respect to such insurance policy.

Any dispute relating in any way to your use of the Site or Services, or your purchase of insurance through Zillion shall be submitted to confidential arbitration in California, U.S.A, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.

Force Majeure
You agree that Zillion is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement 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 this Agreement are deemed to conflict with each other’s operation, Zillion shall have the sole right to elect which provision remains in force.

Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the 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.

Termination of Service
We may terminate or suspend your use of the Site and/or Services without notice, provided, however, in-force property and casualty insurance policies may not be terminated without proper notice and in compliance with applicable state insurance laws. Please be aware that if we terminate the Services, you may be entitled to a refund if applicable. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update the Terms of Use pages on our Site and indicate the date that they were last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Services.

California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Zillion must be sent via certified mail to: Zillion Insurance Services, Inc., 3000 El Camino Real, Bldg. 4, Suite 200, Palo Alto, CA 94306, Attention: Office of the General Counsel. 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. 

© 2018 Zillion Insurance Services, Inc.
All rights reserved.

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© 2019 by Zillion Insurance Services, Inc. 
3000 El Camino Real, Bldg. 4, Suite 200

Palo Alto, CA 94306