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 1. Thimble
 2. The Legal Stuff
 3. Legal Info & Documents


Articles in this section
 * How do I request for my personal data to be deleted?
 * Employers Holding Group - Electronic Record & Signature Agreement and Fair
   Credit Reporting Act Notice - Oregon Specific
 * Employers Holding Group - Electronic Record & Signature Agreement and Fair
   Credit Reporting Act Notice
 * Producer Compensation Disclosure (Applicable to NY)
 * Producer Compensation Disclosure (Applicable to all states except NY)
 * National Specialty Insurance Company - Electronic Record & Signature
   Agreement and Fair Credit Reporting Act Notice - App States
 * Thimble “Best Tools” Survey Sweepstakes Official Rules
 * Thimble “Best Apps” Survey Sweepstakes Official Rules
 * National Specialty Insurance Company Electronic Record & Signature Agreement
   and Fair Credit Reporting Act Notice - Oregon Specific
 * Customer Referral Terms and Conditions

See more


THIMBLE'S TERMS & CONDITIONS

Taylor Smith
 * 4 months ago
 * Updated

 

Thimble (hereinafter referred to as “we”, “us” or “our”) operates an insurance
distribution platform through our website and/or our mobile application computer
program (“Platform”).  “Thimble” refers to Verifly Insurance Services, LLC.
d/b/a Thimble Insurance Services and companies related to it by common ownership
or control.

 

These terms and conditions (“Terms”) apply to your use of the Platform as well
as any of our offline services and tools that might be made available by us from
time to time, including call centers, offline enrollment tools, surveys, and
other applications (“Offline Services”), in the United States1.  The Platform
and Offline Services are collectively referred to in this policy as the
“Services.”  The Services are owned and operated by Thimble.

 

It is important that you are fully aware of our respective legal rights and
obligations.  For that reason, we have created these Terms as the legally
binding basis upon which you may use the Services.  Please read these Terms
carefully in their entirety.

 

If you accept or agree to these Terms on behalf of a company or other legal
entity, you represent and warrant that you have the authority to bind that
company or other legal entity to these terms, and in such event “you” and “your”
will refer and apply to that company or other legal entity.

 

The term “Personal Information” (as used herein) refers to information (which
may include sensitive information) relating to a living individual who is or can
be identified either from that information or from the information in
conjunction with other information.

 

Terms of Service

Please note that we reserve the right, at our sole discretion, to modify these
Terms or the Services at any time and without prior notice to you.  You can
visit this page at any time to review the current form of our Terms.

 

If you do not agree with any of these Terms (including as may be amended from
time to time), please do not access or use the Services.  By accessing or using
the Services you will be deemed to have irrevocably agreed to these Terms.  You
acknowledge and agree that, by accessing or using the Services, or by
downloading any content from the Platform, you have read and you are bound by
these Terms.

 

If any provision of these Terms is adjudged, by written decision of a court or
other applicable governmental authority to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the agreement
between us reflected in these Terms and shall not affect the validity and
enforceability of any remaining provisions.  This is the entire agreement
between you and Thimble relating to the matters contained here.

 

Eligibility

 

The Services are directed at a general adult audience.  We will assume (and by
using the Services you warrant that) that you have legal capacity to enter into
the agreement set out in these Terms (i.e., that you are of sufficient age and
mental capacity and are otherwise entitled to be legally bound in contract).  We
do not knowingly collect or post information in respect of persons under the age
of 18. 

 

Insurance Product Terms

 

Each insurance product described in our Services is subject to the terms and
conditions it contains, including exclusions, limitations, reductions in
benefits and terms under which it may be continued in force or discontinued.
 Some products or services may not be available in all states or territories.

 

You Must Provide Accurate Information

 

It is a condition of use of the Services that all the details you provide are
correct, current and complete.  If we believe that the details you provide
(including but not limited to Personal Information) are inaccurate, fraudulent,
not current, incomplete, or otherwise a violation of these Terms, we have the
right to refuse you access to the Services and to terminate or suspend your
account, as applicable.

 

Account Registration

 

In order to access certain of the Services, you may be required to register to
create an account (“Thimble Account”) and become a member.  You may register to
join via our website or mobile application. You can also register to join by
logging into your account with certain third-party social networking sites
(“SNS”) including, but not limited to, Facebook (each such account, a
“Third-Party Account”), via our Platform, as described below.  As part of the
functionality of the Services, you may link your Thimble Account with
Third-Party Accounts, by either: (i) providing your Third-Party Account login
information to Thimble through the Platform; or (ii) allowing Thimble to access
your Third-Party Account, as permitted under the applicable terms and conditions
that govern your use of each Third-Party Account.  You represent that you are
entitled to disclose your Third-Party Account login information to Thimble
and/or grant Thimble access to your Third-Party Account (including, but not
limited to, for use for the purposes described herein), without breach by you of
any of the terms and conditions that govern your use of the applicable
Third-Party Account and without obligating Thimble to pay any fees or making
Thimble subject to any usage limitations imposed by such third-party service
providers.  By granting Thimble access to any Third-Party Accounts, you
understand that Thimble will access, make available and store (if applicable)
any content that you have provided to and stored in your Third-Party Account
(“SNS Content”) so that it is available on and through the Platform via your
Thimble Account.  Depending on the Third-Party Accounts you choose and subject
to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts
will be available on and through your Thimble Account on the Services.  Please
note that, if a Third-Party Account or associated service becomes unavailable or
Thimble’s access to such Third-Party Account is terminated by the third-party
service provider, then SNS Content will no longer be available on and through
the Services.  You have the ability to disable the connection between your
Thimble Account and your Third-Party Accounts, at any time, on the Platform.
 Thimble makes no effort to review any SNS Content for any purpose, including
but not limited to for accuracy, legality or non-infringement and Thimble is not
responsible for any SNS Content.

 

Your Thimble Account will be created based on the Personal Information you
provide to us or we obtain via an SNS as described above. You agree to provide
accurate, current and complete information during the registration process and
to update such information to keep it accurate, current and complete.  Thimble
reserves the right to suspend or terminate your Thimble Account and your access
to the Services if you create more than one Thimble Account. Further, by
providing your Personal Information, including any cellular or other phone
numbers, directly to Thimble or via an SNS, you agree to be contacted by Thimble
via calls to your cell phone, by text message or telephone calls, including the
use of artificial or pre-recorded message calls, and calls made via automatic
telephone dialing systems, or via e-mail. Text message & data rates may apply.

 

You are responsible for safeguarding the password to access your Thimble
Account. You agree that you will not disclose your password to any third party
and that you will take sole responsibility for any activities or actions under
your Thimble Account, whether or not you have authorized such activities or
actions.  You will immediately notify Thimble of any unauthorized use of your
Thimble Account to which you are, or should reasonably have been, aware.
 Thimble will not be responsible if you do not properly secure your password or
if you choose to share your password with anyone else.

 

Payment Policy

 

You authorize Thimble, directly or through third parties, to make any inquiries
we consider necessary to help verify or check your identity or prevent fraud.
 This may include asking you to provide a form of government identification
(e.g., driver’s license or passport), your date of birth and other information
that is necessary to confirm ownership of your email address or payment method
that you have added to your Thimble Account, such as a credit card, debit card
or PayPal account (“Payment Method”).

 

You must provide Thimble with accurate information in relation to your Payment
Method so that the purchase of insurance is paid for by you.  Additionally, you
authorize Thimble to store your Payment Method and charge your Payment Method as
outlined in these Terms.

 

When you select and provide information to us pursuant to a Payment Method, you
confirm that you are permitted to use that Payment Method and you authorize us
and our designated payment processor to charge the full amount of the insurance
to the Payment Method you designate for the purchase.

 

If you cancel your purchase prior to that purchase being confirmed by Thimble,
then Thimble will cancel any preauthorization in respect of your Payment Method
and/or refund a nominal amount charged to your Payment Method in connection with
that purchase.

 

We will take steps to rectify any payment processing errors of which we become
aware.  These steps may include crediting or debiting (as appropriate) the same
Payment Method used for the original payment by you, so that you end up paying
the correct amount.

 

Privacy Policy

 

Your privacy is important to us.  Please refer to our Privacy Policy.

 

Referrals

 

We may from time to time permit eligible members to participate in referral
programs in accordance with these Terms and other terms, including payment
amounts and the duration of the program, that are specified on the Platform when
you register to participate. If you participate in a Thimble referral program,
we will pay you a specified amount of money for each Signup. A “Signup” means
that someone potentially interested in purchasing insurance products from
Thimble, whose contact information you lawfully provided to us for purposes of
the referral program (a “Referred Person”), who is eligible to purchase an
insurance policy from Thimble in a jurisdiction where Thimble does business and
is at least 18 years of age, and who has not previously registered on the
Thimble Platform, both registers and creates a Thimble Account on the Thimble
Platform by accurately providing all required information and receives a quote
for purchase of an insurance policy from Thimble, within 60 days of your proving
the contact information for such Referred Person in connection with the referral
program.

 

For the avoidance of doubt, payment of referral fees hereunder is not contingent
upon a Referred Person actually purchasing an insurance policy from Thimble. You
may only receive referral fees for one Signup for each Referred Person. You will
not be paid referral fees for any Referred Persons who make a Signup and are
located in states that prohibit compensation under such circumstances as a
matter of law. Any registration by a Referred Person who has already signed up
on the Thimble Platform will not count as a Signup for purposes of compensation
hereunder. You acknowledge and agree that Thimble may change the referral fees,
terminate the referral program and/or disqualify you from participation in the
referral program at any time. You agree to promptly return to Thimble all fees
paid to you for fraudulent or erroneous registrations. You are responsible for
all taxes, charges, and assessments on the fees. In the event that a Signup is
voided or cancelled or otherwise determined to be invalid, fraudulent or
incomplete, You agrees to promptly return to Thimble the Fees paid for such
Signup (regardless of whether such determination of fraud or error is instituted
by Thimble, the insurance you, or by any other person or entity). You shall be
responsible for all taxes, charges, and assessments on the Fees. You shall not
charge Thimble for any fees or costs that are not contained or contemplated in
this Agreement.

 

If you participate in a Thimble referral program, you represent and warrant that
your provision of such contact information for each Referred Person for such
purpose does not violate any applicable laws, regulations, privacy policies or
contractual obligations. In addition, you acknowledge and agree that, for
purposes of the referral program, you are not an insurance agent, and therefore
shall have no authority to, and shall not, do any of the following: bind any
insurer(s) or Thimble, commit to or issue binders, policies or other written
evidence of insurance on behalf of Thimble; hold yourself out as being the agent
or employee of Thimble, the insurer or their affiliates, or having authority to
bind any policy or contract of insurance procured through Thimble; alter or
waive the terms or rates of any policy or contract of insurance procured through
Thimble; recommend a particular coverage, policy or insurance to any actual or
prospective Referred Persons; discuss or compare specific terms and conditions
of insurance with any actual or prospective Referred Persons; collect any
premiums or any other amounts due under the policies; waive a forfeiture; cancel
policies flat or waive any premium payment due from the insured; extend the time
for payment of premiums or other monies due insurer(s) or extend credit to the
insured; submit an application which back-dates coverage; amend the form or
language of any policy or application form; institute, prosecute, or maintain
any legal proceedings in connection with any matter pertaining to the business
of Thimble, the insurer(s) or any policies; make any representation, pledge the
credit of, or make or accept or endorse any notes, or create any obligation on
behalf of Thimble or the insurer(s).

 

Disclaimer of Warranties

 

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.  THE SERVICES AND ALL THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES AND OTHER CONTENT IN THE SERVICES
ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, THIMBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.  THIMBLE DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS
THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.  THIMBLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES, OR OTHER CONTENT ON OR LINKED TO THE PLATFORM IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  THIMBLE MAKES NO
WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND THIMBLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR
OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE.  IF APPLICABLE LAW DOES NOT
ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO
YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW.

 

Limitation of Liability

 

THIMBLE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY
FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR
ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND
EVEN IF THIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITATION, YOU (AND NOT THIMBLE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR
DAMAGE ARISING THEREIN.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE
ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND THIMBLE’S AGGREGATE
LIABILITY TO YOU HEREUNDER FOR ANY REASON SHALL NOT EXCEED THE GREATER OF US $50
OR THE AMOUNT PAID BY YOU HEREUNDER FOR ANY THIMBLE INSURANCE PRODUCTS IN THE
THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

 

Exclusion of Damages

 

THIMBLE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING
TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT
RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.  THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THIMBLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THIS WAIVER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE,
NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF ANY RECORD.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT THIMBLE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, THIMBLE
WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO
COMPLY WITH THE ACCOUNT REGISTRATION CLAUSE OR (2) CONTENT POSTED BY YOU OR ANY
THIRD PARTY.

 

Binding Arbitration of All Disputes; No Class Relief

 

(a) To the fullest extent permissible by law (but excluding residents of the
State of Vermont), with the exception of disputes pertaining to Thimble’s
intellectual property rights and certain statutory claims that, pursuant to law,
are not arbitrable, any dispute of any kind between you and Thimble arising
under these Terms shall be resolved through binding arbitration conducted in
accordance with and governed by the Commercial Arbitration Rules then in effect
of the American Arbitration Association, with such body also conducting any
arbitration.  Any arbitration shall be on an individual basis with no class
relief.  The arbitrator shall be a retired judge or justice of any New York
state or federal court with substantial experience in the insurance industry and
shall follow New York substantive law in adjudicating the dispute.  The
arbitration shall be conducted in New York, New York at a location selected by
the arbitrator.

 

Each party retains the right to seek injunctive or other equitable relief in a
court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party’s copyrights, trademarks,
trade secrets, patents, or other intellectual property rights.  YOU ACKNOWLEDGE
AND AGREE THAT YOU AND THIMBLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR
TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION
LAWSUIT.

 

For any claim in which you seek US$10,000.00 or less, you shall have the choice
as to whether the hearing is conducted in person, by telephone, or instead the
arbitrator may decide the dispute without a hearing.  For those claims that the
arbitrator determines are not frivolous, Thimble shall pay the costs and fees of
arbitration.

 

The arbitrator’s decision will include the essential findings and conclusions
upon which the arbitrator based the award.  Judgment on the arbitration award
may be entered in any court having jurisdiction thereof.  The arbitrator’s award
damages must be consistent with the terms of the “Limitation of Liability”
section above as to the types and the amounts of damages for which a party may
be held liable.  The arbitrator may award declaratory or injunctive relief only
in favor of the claimant and only to the extent necessary to provide relief
warranted by the claimant’s individual claim.  If you prevail in arbitration you
will be entitled to an award of attorneys’ fees and expenses only to the extent
provided under applicable law. 

 

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN
INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS
ACTION.

 

Trademarks and Copyrights

 

Thimble respects the intellectual property rights of others and asks users of
the Services to do the same.

 

The Services, software and materials incorporated by Thimble for the Services
are protected by copyrights, patents, trade secrets, license agreements or other
proprietary rights.  THIMBLE™ as well as all accompanying logos and graphics are
trademarks of Thimble. Some of the characters, logos, or other images
incorporated by Thimble for the Services are also protected as registered or
unregistered trademarks, trade names, and/or service marks owned by Thimble or
others. 

 

Modification or use of any such content for any purpose not permitted by these
Terms may be a violation of the copyrights and/or trademarks protected by law
and these Terms and is prohibited.

 

Permitted Uses

 

Your right to make use of the Services and any related content is subject to
your compliance with these Terms. 

 

You may access and display content displayed on this Platform for your personal,
lawful use in connection with seeking insurance.  Use of the Services by a
competitor company or other non-consumer third party is prohibited.

 

Our insurance distribution platform may only be accessed directly and through
our Services and the content of our Services may not otherwise be copied,
modified, reproduced, republished, uploaded, framed, posted, transmitted,
distributed, displayed, licensed or used in any way unless specifically
authorized by Thimble.  You may not create any kind of hyperlink from any third
party site to ours unless you first obtain our express written permission.  You
are not authorized to use any portion of this Services or any other Thimble
intellectual property, in the meta-tags of any website or in any other
materials.  Any authorization to copy any content of the Services granted by
Thimble in any part of the Services for any reason is restricted to making a
single copy for the use expressly permitted by Thimble, and is subject to your
keeping intact all copyright and other proprietary notices.  Using any content
of the Services on any other website or networked computer environment is
prohibited.  Also, decompiling, reverse engineering, disassembling, or otherwise
reducing the code used in any software of the Services into a readable form in
order to examine the construction of such software and/or to copy or create
other products based (in whole or in part) on such software, is prohibited. 

 

Forums

 

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON
BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES OR OTHER FORUMS ON THE
PLATFORM (“FORUMS”) ARE NOT NECESSARILY THOSE OF THIMBLE OR CONTENT PROVIDERS.
 THIMBLE DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF
FORUMS IS NOT THE RESPONSIBILITY OF THIMBLE.  THIMBLE MAY REMOVE OR MODIFY ANY
CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN THIMBLE’S SOLE DISCRETION.
 ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE
DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

 

Submissions

 

Thimble is interested in hearing from you regarding your questions or comments
about our Services, however Thimble does not accept or consider unsolicited
submissions of any kind (e.g., ideas, treatments, concepts, or any other
materials) in any format, by any means of transmission (including email).
 Therefore, please do not send any unsolicited submissions to Thimble.

 

Unsolicited Submissions

 

From time to time, Thimble may expressly request submissions of content from
you, such as testimonials regarding your experiences with Thimble.  Where this
is the case, please carefully read any specific rules or other terms and
conditions which are provided with such a request, as they will affect your
legal rights.  If no additional terms are provided, then these Terms will apply
in full.  IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS
CONFIDENTIAL, EXCEPT AS AND TO THE EXTENT REQUIRED UNDER APPLICABLE LAWS AND AS
PROVIDED IN OUR PRIVACY POLICY. Regardless of any industry custom or practice,
we will not pay you for the use of any content that you submit to Thimble.
 Thimble will consider anything you provide to Thimble and/or contribute to the
Services as available for our use free of any obligations to you (including any
payment).  Under no circumstances will we pay you for the use of your ideas or
submissions.

 

Claims of Infringement

 

If you believe that any content appearing on the Platform infringes your
copyright rights, we want to hear from you.  Please forward the following in
writing to the address given below:

 

 * Your name, address, telephone number, and email address;
 * A description of the copyrighted work that you claim has been infringed;
 * The exact URL or a description of each place where alleged infringing
   material is located;
 * A statement by you that you have a good faith belief that the disputed use
   has not been authorized by you, your agent, or the law;
 * Your electronic or physical signature or the electronic or physical signature
   of the person authorized to act on your behalf; and
 * A statement by you made under penalty of perjury that the information in your
   notice is accurate, that you are the copyright owner or authorized to act on
   the copyright owner’s behalf.

Thimble seeks to preserve any and all exemptions from liability that may be
available under the copyright law, but does not necessarily stipulate that it is
a service provider as defined in USC section 512(c) or elsewhere.

 

Product Specifications; Pricing; Typographical Errors

 

We do our best to describe every product or service offered through the Services
as accurately as possible.  However, we do not warrant that product
specifications, pricing, or other content of the Services is complete, accurate,
reliable, current, or error-free.  In the event of any errors relating to the
pricing or specifications, Thimble shall have the right to refuse or cancel any
orders in its sole discretion.  If we charged your credit card or other account
prior to cancellation, we will issue a credit to your account in the amount of
the charge. 

 

Indemnity

 

You agree to defend, indemnify and hold harmless Thimble, its affiliates and
subsidiaries, and its officers, directors, employees, principals, agents,
distributors, representatives, proprietors, partners, shareholders, principals,
predecessors, successors and assigns from and against any and all claims,
demands, liabilities, costs or expenses, including reasonable attorney’s fees,
resulting from your breach of these Terms.

 

System Abuse

 

Without limitation, you agree not to send, create, or reply to so called
“mailbombs” (i.e., emailing copies of a single message to many users, or sending
large or multiple files or messages to a single user with malicious intent) or
engage in “spamming” (i.e., unsolicited emailing for business or other purposes)
or undertake any other activity which may adversely affect the operation or
enjoyment of the Services by any other person.  You are prohibited from using
any services or facilities provided in connection with the Services to
compromise security or tamper with system resources and/or accounts.  The use or
distribution of tools designed for compromising security (e.g., password
guessing programs, cracking tools, malware, or network probing tools) is
strictly prohibited.  If you become involved in any violation of system
security, Thimble reserves the right to release your details to system
administrators at other sites, law enforcement and/or governmental authorities
in order to assist them in resolving security incidents.

 

Investigations

 

Thimble reserves the right to investigate suspected violations of these Terms.
 Thimble may seek to gather information from any user who is suspected of
violating these Terms and from any other user.  If Thimble believes, in its sole
discretion, that a violation of these Terms has occurred, it may terminate
accounts or your access to the Platform, or take other corrective action it
deems appropriate.  Thimble will fully cooperate with any law enforcement
authorities or court order requesting or directing Thimble to disclose the
identity of anyone believed to violate these Terms.  BY ACCEPTING THESE TERMS
YOU WAIVE AND HOLD HARMLESS THIMBLE FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY THIMBLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THIMBLE OR LAW ENFORCEMENT
AUTHORITIES.

 

Internet Access

 

In order to use the Platform, you must obtain access to the Internet and
possibly pay any service fee associated with that access.  You will need to
provide all equipment necessary to connect to the Platform (including a
computer, modem, mobile device, tablet, and/or other access devices).

 

Reservation of Rights

 

Thimble reserves the right to modify or discontinue, temporarily or permanently,
all or any part of the Services and/or any software, facilities, and services on
the Platform, with or without notice and/or to establish general guidelines and
limitations on their use.

 

Your Compliance with Applicable Laws and Regulations

 

You are responsible for complying with local, state and federal law, regulations
and guidance, if and to the extent such laws, regulations and guidance are
applicable in relation to the Services and any activities relating to the
insurance that you may purchase via the Platform and the Services. Without
limiting the foregoing, you specifically agree to comply with all applicable
laws concerning the transmission of technical data exported from the United
States or the country you reside.

 

Third Party Sites and Services

 

Our Platform may link you to other sites on the Internet. These other sites are
not under the control of Thimble, and you acknowledge that (whether or not such
sites are affiliated in any way with Thimble) Thimble is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the
content of such sites.  The inclusion of such a link does not imply endorsement
of any site by Thimble or any association with its operators.

Thimble cannot ensure that you will be satisfied with any products or services
that you purchase from any third party site that links to or from Thimble since
the third party sites are owned and operated by independent parties.  Thimble
does not endorse any of the products and services, nor has Thimble taken any
steps to confirm the accuracy or reliability of any of the information contained
on such third-party sites.  Thimble does not make any representations or
warranties as to the security of any information (including, without limitation,
credit card and other Personal Information) you might be requested to give any
third-party, and you irrevocably waive any claim against us with respect to such
sites.  We strongly encourage you to make whatever investigation you feel
necessary or appropriate (such as reading the terms of use and privacy policies
provided on any third party site) before proceeding with any online transaction
with any of these third parties.

Parts of the Platform use Google Maps / Earth services, including the Google
Maps API(s). Use of Google Maps / Earth is subject to Google Maps / Earth
Additional Terms of Use and the Google Privacy Policy.

 

Choice of Law

 

With the exception of the “Binding Arbitration of All Disputes; No Class Action”
clause (above), these Terms shall be governed by, construed and enforced in
accordance with the laws of the State of New York, as they are applied to
agreements entered into and to be performed entirely within the State of New
York.  Except where prohibited by law, any claim or dispute that does not fall
under the “Binding Arbitration of All Disputes; No Class Action” clause, i.e.,
disputes pertaining to Thimble’s intellectual property rights and certain
statutory claims that, pursuant to law, are not arbitrable, shall be subject to
the sole and exclusive jurisdiction of the New York State courts in New York
County, New York, or the federal courts for the Southern District of New York,
and no other courts, and you hereby consent to the personal jurisdiction of
those courts and waive any and all jurisdictional and venue defenses otherwise
available.

 

Entire Agreement

 

These Terms constitute the entire and exclusive understanding and agreement
between you and Thimble regarding the Platform and any purchase of insurance via
the Platform and the Services, and these Terms supersede and replace any and all
prior oral or written understandings or agreements between Thimble and you
regarding the Platform. For the avoidance of doubt, any insurance purchased via
the Platform and the Services shall be subject to the terms and conditions of
the insurance policy and any other documentation with respect to such insurance.

 

Assignment

 

You may not assign or transfer these Terms, by operation of law or otherwise,
without Thimble’s prior written consent.  Any attempt by you to assign or
transfer these Terms, without such consent, will be null and of no effect.
 Thimble may assign or transfer these Terms, at its sole discretion, without
restriction.  Subject to the foregoing, these Terms will bind and inure to the
benefit of the parties, their successors and permitted assigns.

 

Notices

 

Any notices or other communications permitted or required hereunder, including
those regarding modifications to these Terms, will be in writing and given by
Thimble (i) via email (in each case to the address that you provide) or (ii) by
posting to the Platform.  For notices made by e-mail, the date of receipt will
be deemed the date on which such notice is transmitted.

 

Notice for California Users

 

Under California Civil Code Section 1789.3, California users of the Services are
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 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or
800.952.5210.

 

Notice for Vermont Users

 

In Vermont, the Terms apply to your use of the Platform as well as any of our
offline services and tools that might be made available by us from time to time,
including call centers, offline enrollment tools, surveys, and other
applications (“Offline Services”), but not to the terms and conditions of the
insurance policy issued as a result.

 

Notice for Illinois Users

 

In Illinois, the Terms apply to your use of the Platform as well as any of our
offline services and tools that might be made available by us from time to time,
including call centers, offline enrollment tools, surveys, and other
applications (“Offline Services”), but not to the terms and conditions of the
insurance policy issued a result.  Any disputes regarding insurance coverage
issued to an Illinois insured are governed by the State of Illinois and any
disputes that arise due to an Illinois policy are under the jurisdiction of
Illinois courts or federal courts for the State of Illinois.

 

Underwriting Entities

 

The insurance products provided on the Platform and via the Services are
underwritten by the insurance companies listed here.

 

Insurance Product Disclosure

 

Verifly Insurance Services, Inc. dba Thimble Insurance Services (“Thimble”) is
licensed as an insurance producer in the states where it offers insurance
products on this website/app for sale. However, the insurance products on this
website/app may not currently be available in all states including in the states
where the insurance products have not been approved for use by the applicable
insurance regulators. Thimble makes no representation that the insurance
products on this website/app are appropriate or available for use in any
particular jurisdiction. If you access this website/app from a jurisdiction
where the insurance products generally or any insurance product specifically are
not being offered for sale, you hereby acknowledge and agree that you are
viewing this website/app for general informational purposes only. All insurance
products are subject to the terms and conditions of the insurance policies and
all other documentation for such insurance products. Please be advised that
Thimble cannot add, delete, or modify coverage via email.

 

How to Contact Us

 

The Services are controlled and operated by Thimble located at:

 

Verifly Insurance Services, Inc. d/b/a Thimble Insurance Services

174 West 4th Street, Suite 204,

New York, NY 10014. 

 

Please forward any comments or complaints about the Services to
support@thimble.com.

 

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