Terms of service

TERMS OF SERVICE
Last Updated March 16, 2022

Applicability

This Terms of Service agreement (“Agreement”) governs your access to and use of the website located at https://thechoice.io/ (“Website”) and operated by Lemonade Insurance Agency, LLC, a New York limited liability company.  In this Agreement, the words “We,” “Us,” and “Our” refer to the foregoing entity and to its affiliates, meaning entities controlling, controlled by or under common control with it.  By accessing, browsing or using this Website, you (“You”) acknowledge that You have read and understood this Agreement and that You accept and agree to this Agreement.  If You do not agree to any of the terms or conditions of this Agreement, You may opt out by closing this Website.

Our Privacy Pledge (found here) forms a part of this Agreement and is incorporated by reference. So by using this Website You consent to Our Privacy Pledge. Additionally, by using this Website, You acknowledge and agree that internet transmissions are never completely private or secure.

Modifications

This Agreement may be modified by Us at any time by updating and posting a new version of it on this Website or by otherwise notifying you of the revised Agreement. By subsequently using this Website, You agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.

This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of this Agreement by its express terms.

Services

The Website allows you to compare some (not all) features of insurance provided by insurance companies selected by Us based on third party ratings and to purchase insurance directly from insurance companies appearing on the Website (“Services”).  Our Services are free to you to use.  We may receive commissions and fees from insurance companies that appear on the Website.  Lemonade Insurance Agency acts as the managing general agent of its affiliate Lemonade Insurance Company and receives a fixed percentage of Lemonade Insurance Company’s gross written premium as compensation for those services.

The Services are available only in the United States of America, and insurance offered by insurance companies that appear on the Website may not be available in all States or offered by them to all applicants.

We reserve the right to discontinue or modify any aspect of the Services at any time without notice to you,

We do not guarantee or represent that the insurance offered by the insurance companies that appear on the Website include the best terms and conditions or the lowest prices available in the market.

Third Parties’ Links, Websites and Services

The Website contains links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third party site.

If you access any third party’s website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left this Website and to read the terms of service and privacy policy of every website that you visit.

Our Representations, Warranties and Disclaimers, and Your Release

We act as agents of the insurance companies appearing on this Website, and not as your agent.

NEITHER PARTY OWES THE OTHER ANY DUTIES, FIDUCIARY OR OTHERWISE, OTHER THAN AS IMPOSED BY STATUTE OR AS PROVIDED IN THIS AGREEMENT, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL MANNER OF ACTIONS (INCLUDING ATTORNEY FEES AND COURT COSTS), WHETHER PAST, PRESENT OR FUTURE, ACTUAL OR CONTINGENT, ARISING OUT OF OR RELATING TO SUCH DUTIES, EXCEPT AS EXPLICITLY STATED IN TIS AGREEMENT.

Without limiting the generality of the foregoing, You acknowledge and agree that the insurance companies appearing on this Website are solely responsible for any products or services that they may offer or provide to You and that We shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your purchase or use of an insurance company’s products or services.

We represent and warrant that content on this Website accurately reports the ratings of the insurance companies appearing on this Website by identified third parties, and fairly represents the user reviews collected from identified third parties and marketing materials used by the insurance companies appearing on this Website.  We disclaim any responsibility whatsoever for any third party ratings or reviews and make no representation or warranty concerning the content or substance of such ratings and reviews or the suitability of any insurance for Your needs.  We disclaim any and all claims or liabilities whatsoever in connection with, arising out of or relating to any third party ratings or reviews.

We disclaim any and all claims, liabilities or damages to You or any third party in connection with, arising out of or relating to any breach of Your representations and warranties in this Agreement.

Your Representations and Warranties

Any time You access this Website, You represent that You are at least 13 years of age.

At the time of application and policy issuance You represent that:

  1. You have the power and authority and are of legal age to enter into a binding and enforceable contract in your state of residence;
  2. all of the information You have supplied or will supply to Us is and will be kept current and accurate; and
  3. all of the information You supply to any insurance company appearing on this Website is true, correct and complete.

Intellectual Property and License to Use

The Website, the content on the Website and the infrastructure used by Us in connection with the Website or the Services, is proprietary to Us and is protected by law, including without limitation, United States copyright law, trademark law and patent law, and applicable international treaties. We reserve all rights in and to the Website and its infrastructure.

You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Website. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.

You are granted permission to use the information provided to you on this Website solely for vices Your personal non-commercial use and solely as limited by the following prohibited activities.  You shall not:

  1. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website;
  2. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  4. take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionately large load on Our infrastructure;
  5. deep-link to any portion of this Website for any purpose without Our express written permission;
  6. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without Our prior written authorization; or
  7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us in connection with the Website or the Services available through the Website.

If You submit comments, suggestions, ratings, or other feedback regarding the Website or Your experience (“Feedback”), You agree that We will be free to use such Feedback for any purpose and without restriction or obligation to You.

Limitation of Liability

We shall not be liable to You or any third party for any and all claims, liabilities or damages in connection with, arising out of or relating to performance, breach or unsuitability of any insurance policy,

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES FROM ANY INSURANCE COMPANY APPEARING ON THE WEBSITE ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEMONADE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) LEMONADE DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS; (v) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICES; (vi) ANY OTHER MATTER RELATING TO THE SERVICES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED $100. NOTHING IN THIS AGREEMENT (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

By using the Services, You agree to defend, indemnify and hold Us harmless against and from any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that We may become obligated to pay in connection with, arising out of or relating to Your use of the Services, Your use of the information provided to You on this Website or Your breach of this Agreement.

Governing Law and Choice of Forum

This Agreement and your use of the Services are governed in all respects by the laws of the State of New York applicable to contracts made and to be performed in that State, without giving effect to any principles of conflict of laws. You also agree that the state or federal courts sitting in New York County, New York shall have exclusive jurisdiction and venue over any claim or dispute arising out of this Agreement or relating to Your use of this Website, and You and We hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in New York County, New York.

Miscellaneous

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of this Agreement, to apply to the maximum extent allowable under applicable law.

The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.

Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

The Website, or some aspects thereof, or the Services may not be available in all languages or in all countries. We make no representation that the Website or the Services are available or permitted in any particular location. Use of this Website is void where prohibited. You use this Website at Your own initiative and are responsible for compliance with any applicable laws.

No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control, including without limitation the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages; and (i) other similar events beyond the control of the impacted party.

The section headings used herein are for convenience only and shall not be given any legal import.

Lemonade Insurance Agency, LLC License numbers

Alabama 3000598982‍, Arizona 3000179256‍, Arkansas 3000249299‍, California 0L73896, Colorado 585264‍, Connecticut 2562163‍, District of Columbia 3000181715‍, Florida L109878‍, Georgia 198953‍, Illinois 3000090494‍, Indiana 3380639‍, Iowa 1002311302‍, Maryland 3000178935‍, Massachusetts 2092156‍, Michigan 115163‍, Mississippi 15038118‍, Missouri 8456531‍, Montana 3000274902‍, Nebraska 100287836‍, Nevada 3287873‍, New Hampshire 2446182‍, New Jersey 1641080‍, New Mexico 3000276087‍, New York PC-1417813‍, North Carolina 1000573136‍, North Dakota 3000274903‍, Ohio 1172317‍, Oklahoma 3000344874‍, Oregon 3000309997‍, Pennsylvania 843565‍, Rhode Island 30000112012‍, South Carolina 3000524129‍, Tennessee 2426943‍, Texas 2210328‍, Utah 732270‍, Virginia 142759‍, Washington 1007172‍, Wisconsin 3000237508‍