Effective date: July 18, 2019
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.
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
Use of Zillion’s Site and Services
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.
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.
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.
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.
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.
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.
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.
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
Forum of Dispute; WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION
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.
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.
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.
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.
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.