Terms & Conditions

1. Introduction

These Terms & Conditions ("Terms") govern your access and use of the SwitchUp website and any related services offered by SwitchUp Insurance LLC ("SwitchUp", "we", "us", or "our") (collectively, the "Services"). Please read these Terms carefully before using the Services. By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 18 years old and a legal resident of the United States to use the Services. You may not access or use the Services if you are barred from doing so under applicable law.

3. User Conduct & Prohibited Activities

By accessing and using the Services, you agree to:

• Use the Services only for lawful purposes and in accordance with these Terms.

• Not engage in any activity that could damage, disable, overburden, or impair any server, network, or computer system.

• Not interfere with or disrupt the use of the Services by other users.

• Not attempt to gain unauthorized access to any portion of the Services or any other computer systems or networks connected to the Services.

• Not use the Services to collect or store personal information about other users without their consent.

• Not use the Services for any illegal or unauthorized purpose, including, but not limited to, stalking, harassing, or threatening others.

• Not violate any applicable laws or regulations.

In addition to the User Conduct guidelines, you are prohibited from:

• Engaging in criminal or tortious activity, including fraud, misrepresentation, harassment, infringement of intellectual property rights, slander, libel, and use of offensive content.

• Advertising or soliciting any user to buy or sell any products or services.

• Impersonating another user or entity, using a false email address, phone number, or postal address, or using the contact information of another person without their authorization.

• Accessing or searching the Services or engaging in any automated use of the System without authorization.

• Engaging in security breaches, including probing, scanning, or testing the vulnerability of any SwitchUp system or network, or breaching any security or authentication measures.

• Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks.

• Accessing or tampering with non-public areas of the Services, SwitchUp's computer systems, or the technical delivery systems of SwitchUp's providers.

• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any security measures implemented by SwitchUp or any of its providers.

• Using SwitchUp trademarks, logos, URLs, or product names without express written consent.

• Scraping data or using information from the Services for any purpose without authorization.

• Using the Services for any commercial purpose or for the benefit of any third party in a manner not permitted by these Terms.

• Transmitting altered, deceptive, or false information.

• Reverse engineering any of the software used to provide the Services.

• Engaging in denial-of-service attacks or interfering with the access of any user, host, or network.

• Collecting or storing personal information about other users without their express permission.

• Using the Services in a manner inconsistent with any applicable laws or regulations.

• Encouraging or enabling any other individual to do any of the foregoing.

SwitchUp reserves the right to take appropriate action, including termination of your account, if you violate any of these User Conduct or Prohibited Activities guidelines.

4. Content

The Services contain information, text, graphics, images, and other materials (collectively, "Content") that are protected by copyrights, trademarks, and other intellectual property laws. You agree not to modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from, or exploit in any way any Content without the prior written consent of SwitchUp.

5. Privacy Policy

SwitchUp's Privacy Policy explains how we collect, use, and disclose your personal information. By using the Services, you agree to the terms of the Privacy Policy, which is incorporated into these Terms by reference.

SMS Communication:

• SwitchUp may use SMS to communicate with you for purposes such as payment reminders or policy renewals. You may opt out of receiving SMS communications from SwitchUp

6. User Submissions

You may submit comments, feedback, suggestions, ideas, and other information to SwitchUp ("Submissions"). By submitting any Submissions, you grant SwitchUp a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media.

7. Fees

Certain features and services offered by SwitchUp may be subject to fees. If fees apply, they will be clearly disclosed before you are required to pay. SwitchUp reserves the right to change its fee structure at any time. You are responsible for paying all applicable fees and taxes.

8. Disclaimer of Warranties

THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWITCHUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWITCHUP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

SWITCHUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.

10. Third-Party Services

SwitchUp may use third-party services to provide certain features and functionality of the Services. We use commercially reasonable efforts to select reputable third-party providers, but we are not responsible for the actions or omissions of any third party.

11. Indemnification

You agree to indemnify, defend, and hold harmless SwitchUp, its officers, directors, employees, agents, and licensors from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your use of the Services or your violation of these Terms.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Hawaii.

• Dispute Resolution: In the event of any dispute arising out of or relating to these Terms or your use of the Services, you and SwitchUp agree to first attempt to resolve the dispute informally. If the dispute cannot be resolved informally, you and SwitchUp agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and shall be held in Honolulu, Hawaii. The arbitrator's decision shall be final and binding on.

13. Specific Industry Regulations

SwitchUp complies with all applicable state and federal insurance regulations. You can find more information about regulatory compliance on the Hawaii State Insurance Division's website.

14. Disclaimers Used on the Site

The information contained on the SwitchUp website is for informational purposes only and should not be construed as professional insurance advice. You should consult with a licensed insurance agent or broker to discuss your specific insurance needs. Actual insurance coverage may vary from the information provided on the SwitchUp website.

15. Service Availability and Modifications

SwitchUp may, at any time, modify, suspend, or discontinue the Services, or any part thereof, with or without notice. SwitchUp will not be liable for any loss or inconvenience caused by such modification, suspension, or discontinuance.

16. Termination of Service:

SwitchUp may restrict, suspend, or terminate your use of or access to our Services in the event that you violate the Terms of Service and, at our sole discretion, as permitted by law. SwitchUp may change the Services or content, or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.

17. Severability:

If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18. Force Majeure:

Neither SwitchUp nor you shall be liable for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated or usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party's reasonable control.

19. Entire Agreement

These Terms constitute the entire agreement between you and SwitchUp regarding your use of the Services.

20. Contact Us

If you have any questions about these Terms, please contact us at contact@switchupins.com