Last updated: September 27, 2021
These Terms of Service ("Terms") govern your access to and use of the application, website, products, and services (collectively, the "Services") of PAKT Labs, Inc, and its subsidiary companies, including, without limitation, to apply for, purchase, and make claims under your insurance policy provided by PAKT Insurance Agency, LLC, a Delaware Limited Liability Company, and PAKT Services, LLC, a Delaware Limited Liability Company (together “PAKT”). Please read these Terms carefully before using the Services.
References to "you" in these Terms means you, your duly authorized representatives, and any entity you may represent in connection with your use of the Services. Any reference in these Terms to " PAKT Insurance Agency, LLC," "we," "us," or "our" means PAKT Insurance Agency its subsidiaries, successors, and assignees. PAKT Insurance Agency is a California resident insurance agent licensed and appointed to sell insurance.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our website and/or mobile application (collectively, our "Digital Services"), and will apply to causes of action arising after the effective date of the change. You should continue to check our Digital Services for changes. Your continued use of our Services following the posting of changes to these Terms constitutes acceptance of those changes. By accessing or using our Services, you confirm that you can form a binding contract with us, and you are over the age of 18, as the Services are not intended for children under 18.
If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity and are nevertheless, individually bound by these Terms even if we have a separate agreement with such legal entity.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. The content on our Digital Services is for convenience and information purposes only. Nothing on therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
The entire contents of this Website (including all information, software, text, displays, images, and audio) and the design, selection, and arrangement thereof, are proprietary to PAKT or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the PAKT Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of PAKT. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of PAKT, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the PAKT Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you but remain with PAKT or the applicable owner of such content. Except as expressly authorized by PAKT in writing, you may not reproduce, sell, or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any services or materials available through this Website.
The term “PAKT” is a trademark and the PAKT logo and all related product and service names, designs and slogans on our website, are trademarks of PAKT or its affiliates. You may not use such marks without PAKT’s prior written permission. All other names, brands and marks not owned by PAKT are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that you: (i) do not copy, distribute or modify any part of the Services without our prior written authorization; (ii) do not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) do not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) do not disrupt servers or networks connected to the Services; and (v) comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access (other than your User Content), which shall remain with us and our respective licensors.
Certain software code incorporated into or distributed with the Services may be licensed by third parties under various "open-source" or "public-source" software licenses (collectively, the "Open-Source Software"). Notwithstanding anything to the contrary in these Terms, the Open-Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
All right, title, and interest in and to the Services including worldwide intellectual property rights therein, are and will remain the exclusive property of PAKT Insurance Agency and its applicable licensors. We reserve all rights not expressly granted in and to the Services. Account Information
To access the Services, you will have to create an account. You hereby represent and, except to the extent your insurance policy provides otherwise, warrant that the information you provide to PAKT Insurance Agency upon registration and at all other times, will be true, accurate, current, and complete. Your "Account Information" also includes any information you provide to us during the insurance application or claims process. You also hereby agree that you will ensure that this information is kept accurate and up to date at all times.
Some portions of our Digital Services are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of our Digital Services is prohibited. You agree that you will notify PAKT Insurance Agency immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred by contact our Support team. For your protection, if PAKT Insurance Agency believes that any unauthorized access may occur or has occurred, PAKT Insurance Agency may terminate such access without prior notice to you. You also agree that PAKT Insurance Agency is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
If you are a first-time user, please read the following disclosure: In connection with this insurance, we may review your credit report or obtain or use a credit-based insurance score, based on information contained in that report. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
If you used our Services before and you wish to renew your insurance policy, please read the following:
In connection with this insurance, we may have previously used a credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. We will not review your credit report or obtain or use a credit-based insurance score in states where this is prohibited. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
You understand and agree that we will charge the credit or debit card you use to purchase an insurance policy from us today. Thereafter, we will automatically charge the card monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Your policy is a one-year contract. Should we choose to insure you for another year, we will automatically charge the card for the new monthly premium. We will do the same for any subsequent renewals. You may cancel these recurring payments by cancelling your policy by telephoning our customer experience team at 1-415-275-1774 Monday through Friday between 9:00 a.m. and 8:00 p.m. Pacific Time or by emailing them at firstname.lastname@example.org.
All quotes generated by PAKT Insurance Agency are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our Digital Services are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must apply to PAKT Insurance Agency whether on our Digital Services or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state; and additional minimum coverage limits may be available in your state.
You agree to allow PAKT Labs, Inc or its affiliates to send an automated update of your vehicle delivery related information to PAKT Insurance Agency, LLC to update your insurance policy related information. This information may include Vehicle Identification Number (VIN), vehicle details and characteristics, and delivery date of the vehicle. Any change of this information may lead to a change in your costs to insure your vehicle. PAKT Insurance Agency, LLC will provide all updated policy, coverage, and billing related information to you if a change should occur to your policy based on a change in vehicle or delivery date.
If you elect to report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. PAKT Insurance Agency reserves the right to request additional information prior to reaching a decision on the claim. A claim representative may communicate with you regarding your claim. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please visit the PAKT Insurance Agency Support page.
We may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content") in connection with your use of the Services. By providing User Content to PAKT Insurance, you are granting PAKT a license to use the User Content to make it available through the Services.
By uploading User Content, you are granting PAKT a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable PAKT to operate the Services. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for PAKT to make such User Content available to, and pass these rights along to, others with whom PAKT has contractual relationships related to the provision of the Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if PAKT determines such access is necessary to comply with its legal obligations.
By using the Services you agree that you will NOT: (i) create an account for anyone other than a natural person (unless you are a company, organization, legal entity, or a brand and represent that company, organization, legal entity, or brand); (ii) defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, or harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or inciting others to commit violent acts; (iii) use or attempt to use another's account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content, or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify, or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, or sell/re-sell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xii) remove, cover, or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users' or third party's information or their User Content without their express consent; (xv) infringe or use our brand, logos, or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," "cache," or "spider," any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance, or functionality for any competitive purpose; (xix) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the website; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us (this prohibition includes accessing or attempting to access the Services using any third-party service, including software as-a-service platforms that aggregate access to multiple services); (xxii) engage in any action that directly or indirectly interferes with the proper working of, or places an unreasonable load on, the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious software programs through or on the Services; and/or (xxiii) interfere, disrupt, or game the Services, including, but not limited to, any servers or networks connected to the Services, or the underlying software.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
The Services may contain 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 and/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.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena, or governmental request; (ii) enforce these Terms, including investigation of potential violations of the Terms; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users', or the public's rights, property, or safety.
To the maximum extent permitted by law, the Services are available "As Is." Notwithstanding the limitations set forth below, insurance coverage and our performance under your insurance policy are determined solely by the terms, conditions, exclusions, and limitations of your insurance policy and applicable law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES 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, PAKT INSURANCE AGENCY 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) PAKT INSURANCE AGENCY 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 PAKT INSURANCE AGENCY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAKT INSURANCE, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS SHALL NOT 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 PAKT INSURANCE AGENCY HAS 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, CONTENT, OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICES; (iv) PAKT INSURANCE'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICES; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS; OR (viii) 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 THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (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.
PAKT reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof, or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense, or pledge in any manner whatsoever, any of your rights or obligations under these Terms.
You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property, publicity, or privacy right; including all actions taken under your account. This defense, hold harmless, and indemnification obligation will survive any termination of these Terms and your use of the Services. Governing Law and Jurisdiction
These Terms and your use of our Digital Services are governed in all respects by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Any dispute concerning our Digital Services, or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in the State of Delaware.
By using the Services, you agree to have all records, including the insurance policy, provided to you in electronic form. This consent, unless withdrawn, applies to all transactions between you and PAKT Insurance. Nevertheless, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at email@example.com with the following subject line "WITHDRAW ELECTRONIC CONSENT." The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal, and whether you want (a) all communications to be in paper form and (b) your insurance policy to be sent to you in paper form.