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Embroker Disclosures and Consent to Conduct Business Electronically

PLEASE READ THESE DISCLOSURES BEFORE COMPLETING A TRANSACTION.

We are required by law to provide certain disclosures to you before you enter into this transaction or receive Services (collectively “transaction”) electronically.  Additionally, we need your consent to enter into this transaction before we can deliver certain documents, including your current and future insurance related documents, to you electronically. Please read this notice carefully before giving consent.

By submitting an Application, you are accepting these terms and conditions and you agree that Embroker may discontinue sending paper documents and provide insurance related documents to you electronically. By accepting these terms and conditions, you also agree to accept the Embroker Services (as defined in the Embroker Terms and Conditions) on an “AS-IS” basis. Embroker does not guarantee that Services will be without defect or flaw and Embroker will not be held responsible for any loss associated with the use of this service.

This Disclosure and Consent to Conduct Business Electronically (“Disclosure”) applies to all communications for those policies, contracts, Services and notices offered or accessible through Embroker and the Embroker Platform. “Embroker Platform” means the website and its associated links, Services, and Communications available at www.embroker.com.

The term “Embroker” refers to Embroker, Inc. and all of its subsidiaries and affiliated companies either collectively or individually.

“Communications” means all the information that Embroker is required to provide to you by law, agreement, or as reasonably necessary to administer your Policy (as defined below), which includes, but is not limited to, your online enrollment, application, warranty statement, surplus lines disclosure statement, declarations page, policy, certificate, endorsements, terms and conditions, transaction history, privacy policies, invoices, billing statements, amendments, Services, notices, and disclosures pertaining to your Policy.

“Policy” means a written contract of insurance, or written agreement effecting insurance, or the certificate thereof, and includes all clauses, riders or endorsements, disclosures and declarations.

1. Scope of Communications to Be Provided in Electronic Form.

You agree that Embroker may provide you with any Communication in electronic format (the “Paperless Transaction”), and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below or at our option upon notification by Embroker to you. You further acknowledge that we may authorize an agent or broker to deliver certain Communications to you on our behalf, and perform other Services to help facilitate the delivery of Communications to you.

2. Method of Providing Communications to You in Electronic Form.

All Communications that Embroker provides to you in electronic form will be provided by one or more of the following methods: (1) via e-mail; (2) by access to Embroker’s secure Web site at www.embroker.com; (3) by short message service (“SMS”) or text message; (4) via telephone; (5) facsimile; or (6) to the extent permissible by law.

3. How to Withdraw Consent.

You may withdraw your consent to receive Communications that we provide to you in electronic form by calling us at 1-844.436.2765, emailing us at legal@embroker.com, or writing to us at Embroker, 5214F Diamond Heights Blvd., Unit #1261, San Francisco, California 94131. At our option, we may treat your provision of an invalid e-mail address or, as applicable to SMS/text, an invalid phone number, or the subsequent malfunction of a previously valid e-mail address or phone number, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however, your access and use of the Embroker Platform and Services may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. Termination of your consent to conduct business electronically shall not affect legal enforceability of any Policy provided to you.

4. How to Update Your Records.

It is your responsibility to provide Embroker with a true, accurate and complete e-mail address(es),  phone number, contacts, and other information related to this Disclosure and your Policy, and to maintain and update promptly any changes in this information. You can update your information directly within your account on the Embroker Platform, by emailing us at support@embroker.com or writing to us at Embroker, 5214F Diamond Heights Blvd., Unit #1261, San Francisco, California 94131. Please do not send confidential information to us via traditional e-mail, as we cannot guarantee that the transmission will be secure.

5. Hardware and Software Requirements.

In order to access, view and retain electronic Communications from us, you must have:

  • An up-to-date Internet browser to access your Communications;
  • Local, electronic storage capacity to retain our Communications and/or a printer to print them;
  • A valid e-mail account and software to access it;
  • A valid telephone number and means to receive messages including but not limited to voicemail;
  • An up-to-date device or devices (e.g., computer, Smartphone, tablet, etc) suitable for connecting to the Internet;
  • Added the domain @embroker.com to your e-mail account’s list of “safe senders.”
  • Software that enables you to view files in Portable Document Format (“PDF”). If you cannot download the most recent version of Adobe Reader, please call your manufacturer to find out how to download software that is functionally equivalent.

6. Requesting Paper Copies.

When you consent to receive Communications electronically, you should not expect to receive a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronicCommunication to you. To request a paper copy, you may do so by emailing us at support@embroker.com, or writing to us at Embroker, 5214F Diamond Heights Blvd., Unit #1261, San Francisco, California 94131. We may charge you a reasonable service fee for a paper copy, of which we will provide you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization.

7. Communications in Writing.

All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to you or which we instruct you to download and retain.

8. Federal and State Laws.

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global And National Commerce Act (the “Act”) and your state’s Uniform Electronic Transactions Act (“UETA”) law. You further agree that you intend that the Act and your state’s UETA law apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

9. Termination/Changes.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communication. We will provide you with notice of any such termination or change as required by law.

10. Jurisdiction and Enforceability.

The Disclosure and your relationship with us under this Disclosure shall be governed by the laws of the State Of California without regard to its conflict of laws provision. You and Embroker agree to submit to the exclusive jurisdiction of California to resolve any legal matter arising from the Disclosure. Notwithstanding this, you agree that we shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11. Severability.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Disclosure is invalid, then that provision will be removed from the Disclosure without affecting the rest of the Disclosure. The remaining provisions of the Disclosure will continue to be valid and enforceable.

12. Acceptance and Consent.

By checking an acknowledgement box and purchasing coverage, providing a binding order via email or completing an Application for insurance and delivering it to Embroker, you are consenting to this Disclosure and you agree to the following statements:

I have read, understand and agree to be bound by the terms and conditions described above and consent to receive electronic documents according to the process described above.