Legal Notices & Terms of Use


Welcome to the Swiftly Insurance Marketplace (the "Marketplace") where we connect Producers (i.e. Surplus Lines Insurance Brokers or Property & Casualty and/or General Lines Insurance Agents or Agencies), representing their clients with seller(s) of insurance in order to obtain quotes and facilitate the binding and placement of insurance coverage.

Swiftly LLC is a technology provider and is not itself a licensed insurance broker, underwriter or agent and does not assume any of the related professional responsibilities and does not solicit insurance business directly from individuals seeking insurance.

AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Swiftly Insurance Marketplace located at https://swiftly.com.co/ and all associated webpages linked to it by Swiftly, its subsidiaries, and affiliates (collectively, the “Marketplace”).

To use the Swiftly Marketplace and to obtain any Swiftly Marketplace products or services, you also agree to Swiftly's eSign Agreement, which means your acceptance of this Terms of Use Agreement and all other agreements with Swiftly, such as our Privacy Policy, are effective and binding on you just as if you had signed the document with pen and ink, and you agree all communication with you related to Swiftly and any Swiftly related Marketplace product or service may be in electronic form.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN CERTAIN WAIVERS, LIMITATIONS OF LIABILITY, MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF ARBITRATION IN WYOMING ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

You may only accept this Agreement and use the Swiftly Marketplace if you are legally authorized to accept and be bound by these terms and of a legal age to enter this Agreement. BY USING THE MARKETPLACE IN ANY MANNER, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE MARKETPLACE. If you have questions or comments about these Terms of Use, please email us at info@swiftly.com.co

GENERAL TERMS

Changes to this Agreement

Swiftly may change this Terms of Use from time to time by posting a current version on the Swiftly Marketplace website without delivering any notice to you. Please review the current version of this Terms of Use on the Swiftly Marketplace website from time to time, because your continued access or use of the Swiftly Marketplace shall be deemed your acceptance of the Terms of Use in place at that time.

Risks of using the Marketplace

Conducting insurance transactions through online services such as the Swiftly Marketplace has inherent risks and is susceptible to interruption. By using the Marketplace, you agree and accept the following risks:

  • • Online information transmission can be disrupted. You accept the risk the Swiftly Marketplace could be affected by technical difficulties that impair your ability to obtain, view or deliver information or execute a transaction, including in time sensitive transactions.
  • • Swiftly's obligation is to use reasonable information security measures, and you acknowledge and agree that Swiftly's systems are not 100% secure against every possible attack.
  • • If you have purchased an insurance policy through the Marketplace, it is your responsibility to confirm this was the case by checking that you received an email with your insurance policy documents attached. If you have not received such confirmation, you should contact Swiftly Customer Support at info@swiftly.com.co or by telephone at (307) 303-0151.


Privacy policy

Swiftly recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the Swiftly Marketplace. The Swiftly Privacy Policy (linked on the bottom of the Swiftly Marketplace) provides an overview of what you can expect when you apply for an insurance policy or simply browse the Marketplace. Please read Swiftly's Privacy Policy for a full description of how Swiftly will collect, use and share information about you. You may view these documents through the links in this provision or on the Swiftly Marketplace website at www.swiftly.com.co

Certificates of insurance

Swiftly may obtain and track certificates of insurance for you/your clients. Swiftly does not independently verify the information in these certificates of insurance. You must not rely on the information provided by Swiftly as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action.

You should also understand that a certificate of insurance is an informational document that evidences the existence of the policy to which it refers. It does not create any coverage or legal obligations between the insurance company and the certificate holder. Nor does it confer additional insured status to a certificate holder. A certificate of insurance does not alter the terms of the parties' underlying contract or indemnity agreement.

A certificate of insurance typically identifies the Producer (agent or broker), the insured, and the Managing General Agent or Insurer providing the coverage. It also gives basic information about the policy to which it refers, including the type of insurance, the policy number, the effective and expiration dates of the policy and the liability limits. However, neither the insurance company nor the broker who issued the certificate of insurance has a duty to inform a certificate holder of inaccuracies in, or subsequent changes to, the information contained in a certificate of insurance. There is also no duty to inform the certificate holder that the policy to which the certificate refers has been cancelled or was not renewed.

To fully understand the potential coverage provided under a policy, a certificate holder should secure a copy of the insurance policy and consult with a qualified attorney.

Policy summaries

The coverage, exclusion, endorsement and other summaries provided by Swiftly are for general informational purposes only. They are not intended to provide and do not provide any legal advice and should not be treated as such.

Swiftly uses its best efforts to prepare the policy summaries but does not guarantee their accuracy. You are responsible for reviewing your actual policy to confirm coverage. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy.

No modification of insurance policy or coverage.

Unless otherwise expressly stated in writing, nothing contained on the Swiftly Marketplace or provided to you by Swiftly should be construed as modifying, changing, or altering your policy or coverage thereunder.

Quote does not bind insurance

Applying for an insurance quotation through the Swiftly Marketplace does not constitute a binding of insurance coverage, although it may be used by Swiftly to provide an estimate of the terms, conditions, and costs of coverage. A quotation may be subject to receipt of additional information or other conditions by the Agent and/or Carrier.

No agency or underwriting services.

Swiftly works with one or more insurance companies who decide to offer, renew, cancel or non-renew insurance coverage or otherwise provide customers with the requested insurance products. Swiftly does not provide any underwriting services and is not responsible or liable for any resulting loss, or nonpayment by your insurance provider. Clients are responsible for making a true, accurate, good faith disclosures on the application form and must disclose all matters relevant to the insurance application.

Swiftly attempts to quote each applicant contacting us for a quote with at least one Insurer on the Marketplace by using insurance quoting guidelines for the applicant's state. These guidelines will determine the company quoted, which may vary by state. The company quoted may not be the one with the lowest-priced policy available for the applicant. Swiftly LLC assumes no responsibility for the content or operation of the insurers' websites. Information provided by an applicant or insured to an insurer is subject to its terms of use and privacy policy and may be shared with us. Prices, coverages, privacy policies, and compensation rates may vary among the insurers. Coverage is subject to policy terms and conditions.

Swiftly is not and does not represent or hold itself out to be an agent or an insurance broker in any manner and does not itself solicit insurance business from customers.

Federal E-SIGN Act Disclosure and Consent

By accepting these Terms of Use you agree to the use of electronic signatures and the electronic delivery of insurance documents, and any other documents, associated with this transaction now and in the future (hereafter referred to as the Documents). You also agree that Swiftly is not required to provide you with additional paper (non-electronic) copies of the Documents, unless specifically requested. Electronic or paper communication from Swiftly will be considered "in writing". You should print or download for your records a copy of any communication that is important to you.

Electronic Signature Authentication and Audit.

The ESIGN Act, Uniform Electronic Transaction Act ("UETA"), and the other laws governing electronic transactions also prescribe the rules that must be followed to ensure the validity of electronically signed documents and electronic transactions. All Swiftly Marketplace Electronic Signatures employ a UETA and ESIGN Act compliant authentication method at the time of signature. Authentications are critical to ensuring confidentiality, authenticity, integrity, security, and accessibility of the underlying Document or Record.

The presence of an Electronic Signature does not mean that the signatory was authorized to sign the document. It is a violation of this policy and against the law; i) for an individual to affix a signature of another individual, unless he or she has been granted specific, written, or electronic authority by that individual; or ii) to falsify an Electronic Signature. Each party involved in a signing process is prompted to generate, draw or upload a signature confirming their intent to make the respective eSignature a legal representation of their signature.

Click-wrap acknowledgement and consent

As with eCommerce websites, the Swiftly Marketplace requires business relationships to be formed through contracts of adhesion with those parties coming into the Marketplace. Swiftly employ's click-wrap (often referred to as click-through agreements) to signify an informed, actionable consent from you for Swiftly to perform an important activity. You will notice there are clickable consent boxes at each significant milestone of the Policy quote, bind and pay process. These check boxes are not pre-ticked, they are clear in their descriptions, and they contain links to the policies and agreements referenced. Accordingly, by clicking “I agree”, “I accept” and “Buy” click boxes and buttons within the Marketplace, you explicitly acknowledge that you have read, understood, and accept these Terms of Use, Agreements and the Privacy policy.

Consistent with our policy on data ownership, your data is yours. In most cases you can manage your information as you enter it. Following your data entry, the Insured will have an opportunity to validate the data as accurate and complete, prior to submitting it for quotation. If you find your data is incorrect after it has been submitted you can contact us at info@swiftly.com.co and ask us to assist you in correcting, updating, or deleting your personal information. If the data has been used to provide the insured with a quote, the process may need to be restarted and re-quoted. A second click-acceptance is required at the bind stage of the process. Following this explicit acknowledgement, the policy will be generated and you will be requested to enter your payment information. This final step once again asks for your acknowledgement and acceptance of the terms and privacy policy. When you click accept on this last phase of the process your policy will be bound and your payment card will be charged the required premium.

Consent to receive Electronic Communications.

By agreeing to these Terms of Use, you consent to receive communications electronically from Swiftly, including Swiftly affiliates and solution partners which includes, but is not limited to: All legal and regulatory disclosures, agreements, and other documents and communications associated with your insurance application submission. The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you relating to any documents you sign, as well as such other documents, statements, data, records and any other communications regarding your relationship with us. If you change your email address, you agree to contact us at info@swiftly.com.co or by telephone at (307) 303-0151 to have it updated. You accept Electronic Communications provided via email from Swiftly as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.

Your Consent remains in effect until you give us notice that you are withdrawing it.

All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our representatives may contact you at that address or number in a manner consistent with our Privacy Statement.

How to Update Your Records

It is your responsibility to provide us with true, accurate and complete email address, contact, and other information related to this Disclosure and your Account(s), and to promptly update any changes in this information. To change or correct your email address, you can email us at info@swiftly.com.co with the following subject line "EMAIL ADDRESS UPDATE". The body of the email must include your name, policy number, phone number, the start date of the policy, named insured's date of birth, and the updated email address.

System Requirements to Access electronic Information

To receive electronic documents from Swiftly, you must have 1) A personal computer or other devices capable of accessing the Internet, 2) An Internet web browser with capabilities to support commercially reasonable encryption software, and 3) Adobe Acrobat Reader® version 8.0 and above (or some other current PDF viewing software). Swiftly agrees to provide notice to you in the event of any changes regarding hardware or software requirements necessary to receive policies, endorsements, disclosures, etc. electronically. Upon receiving such documents, or during your review thereof, you or your producer (broker or agent) may identify errors in the content of such documents, which require correction. If a correction is required, please contact Swiftly immediately at info@swiftly.com.co or by telephone at (307) 303-0151. Swiftly may notify you through email when an Electronic Communication or updated agreement pertaining to the Marketplace or your policy is available. Swiftly may also use www.swiftly.com.co for electronic communications.

Withdrawal of Your Consent

To withdraw your consent, you can email us at .co with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, the start date of the policy, phone number and the effective date of your withdrawal.

Requesting Paper Copies. You can print a paper copy of an electronic document. You may request a paper copy be mailed to you by contacting Swiftly. The fee for a mailed paper copy of your electronic document is $5.00 per document. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically. and whether you want (a) all communications to be in paper form or (b) your insurance policy to be sent to you in paper form.

We will not impose a fee to process the withdrawal of your consent to receive electronic documents. Any withdrawal of your consent will be effective only after we have a reasonable period of time to process your withdrawal. If you do not receive an electronic document within 3 days of our regular statement cycle and you did not intend to withdraw your consent, please contact us immediately at info@swiftly.com.co

International transfer of information collected

Your data may be collected, transferred, processed, or stored by us in any country including the United States, the United Kingdom and Bermuda. Contracted companies such as payment processors, insurance carriers, or reinsurance carriers outside of the United States may receive the data required to provide the Swiftly services to you. Where applicable Swiftly has implemented Data Processing Agreements with third-party solutions providers to ensure the data shared with them is used within acceptable processing parameters and only for the business purposes it was intended for.

YOUR USE OF THE SWIFTLY MARKETPLACE & RELATED SERVICES

Some portions of the Marketplace are protected and require a user identification ("User ID") and password for access. Unauthorized access or use of such portions of the Marketplace is prohibited. You agree that you will notify Swiftly 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. Notify Swiftly via email at info@swiftly.com.co For your protection, if Swiftly believes that any unauthorized access may occur or has occurred, Swiftly may suspend or terminate your account access without prior notice to you. You also agree that Swiftly is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

You agree to notify Swiftly immediately of any unauthorized use of your account or any other breach of security. Swiftly will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Swiftly or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

You may not probe, scan or test vulnerabilities of the Marketplace or use any "data-mining", "page-scraping", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Marketplace. You may not use any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Marketplace. Swiftly reserves the right to bar any such activity and/or terminate your use of the Marketplace. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Marketplace.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Marketplace.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Swiftly or others.

Please do not use the Swiftly Marketplace in a way that violates any laws, infringes on anyone's rights, is offensive, or interferes with the Swiftly Marketplace (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Swiftly Marketplace, and take appropriate legal actions.

Licensed Insurance Producers (i.e. Surplus Lines Brokers or Property & Casualty and/or General Lines Insurance Agents or Agencies)

To utilize the Swiftly Services, and those of the third-party services provider, you must be properly licensed for each of the States you intend to operate in and agree to the Producer Limited Services Agreement which contains certain important binding obligations on you in addition to those contained in this Terms of Use. You understand and agree that no transaction, including without limitation the purchase of any insurance policy, is final until you receive a confirmation from Swiftly. Please print and save the confirmation displayed on the Site after making a purchase.

Export Compliance.

By accepting the terms of this agreement, you represent and covenant that you shall comply with all export control and economic sanctions laws, rules and regulations (collectively, "Export Control Laws") applicable to your business, its products and services, and its end users, including without limitation those restricting the parties with whom you may engage in business due to their location in an embargoed or sanctioned country or their designation on a Restricted Parties List (as defined below), and those restricting the sale of products for prohibited end-uses.

You shall not submit to Swiftly any transaction that would violate Export Control Laws applicable to the Parties (including without limitation (a) an IP address, bill-to address, and/or ship-to address indicating an embargoed or sanctioned country, (b) an individual or entity designated on an applicable restricted parties list such as but not limited to the Denied Persons Lists, and Specially Designated Nationals List, Unverified Lists, Entity Lists, Debarred Parties Lists, and Non-proliferation Sanctions Lists (collectively, "Restricted Parties Lists"), or (c) where prohibited end-use is indicated). Without limiting the foregoing, you agree not to take any action that would be prohibited or penalized under applicable law. Your obligations under this Section shall be considered material obligations.

Prohibited Businesses

The following categories of businesses and business practices are prohibited from using Swiftly Services (“Prohibited Businesses”). Prohibited Business categories may be imposed by law or through the Payment Network Rules, by Swiftly or the requirements of the Processor's, Agents or Carriers Financial Services Providers.

The Financial Action Task Force (“FATF”) on Money Laundering and Terrorist Financing identifies Non-Cooperative Countries or Territories (“NCCT”) that fail to meet international money laundering standards.

The FATF requires additional scrutiny of customers and/or transactional activities involving Persons or businesses with business activities within NCCTs. You or your business are strictly prohibited from using Swiftly services if you are identified on FATF's list.

Office of Foreign Assets Control ("OFAC")

To ensure compliance with all applicable sanctions and to identify Target Persons, Swiftly conducts sanctions screening of all customers, vendors and other service providers and counterparties against all relevant U.S. and other restricted party lists. Written documentation evidencing the results of the sanctions screening of each counterparty conducted shall be maintained and kept within Swiftly's electronic files.

MARKETPLACE CONTENT

User Content

You acknowledge that you are responsible for any material you may post, submit, or upload to or through the Swiftly Marketplace, including any materials that you post or upload to any communication services that are publicly accessible to users of the Swiftly Marketplace and any information you upload in connection with your use of our products, software or services made available via the Swiftly Marketplace (collectively, 'User Content'). Your responsibilities with respect to any User Content includes ensuring its legality (including compliance with all applicable data privacy and protection laws), reliability, appropriateness, originality, and copyright.

For purposes of applicable privacy and data protection laws, you will be considered the data controller of all User Content and shall be solely liable in all respects for any infringement of the privacy and data protection rights of individuals whose data is included in your User Content. You may not upload to, distribute, grant access to or otherwise publish through the Communication Services any User Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any third party or otherwise give rise to liability or violate any law or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of 'spam.'

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any User Content.

Swiftly Content

Swiftly Content is protected by U.S. and international copyright law and treaties. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Swiftly content obtained from the Swiftly Marketplace, in whole or in part without the express written authorization of Swiftly. However, you may download, access and use dashboards and visualization we make available in our dashboard gallery and visualization library as part of your Swiftly software environment.

Open-source Software

Certain software code incorporated into or distributed with the Swiftly Marketplace may be licensed from 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.

Intellectual property

Using our Swiftly Marketplace does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Swiftly Marketplace unless you obtain permission from us or its owner, or unless you are otherwise permitted by law. All Content, databases and other intellectual property rights associated with the Services, whether registered or unregistered, and related goodwill, are proprietary rights of Swiftly.

Modification of any Content or materials displayed on the Swiftly Marketplace or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Swiftly and is prohibited.

Swiftly has no obligation to monitor the Communication Services. However, Swiftly reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Swiftly reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Grant of Rights

Unless agreed otherwise, you do not transfer ownership of your Content simply by posting it. You agree to grant Swiftly and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display User Content throughout the world in any media, subject in each case to the restrictions set forth in the Swiftly Marketplace Privacy Policy. You further agree that Swiftly and its affiliates are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Swiftly or its affiliates. No compensation will be paid with respect to the use of your User Content, as provided herein. Swiftly is under no obligation to post or use any User Content you may provide and Swiftly may remove any User Content at any time for legitimate reasons. Without those rights, we couldn't offer our Services. Please note that this license continues even if you stop using the Swiftly Marketplace.

By posting or uploading User Content you represent and warrant that you own or are authorized to exercise all of the rights to the User Content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content; that User Content is accurate and up to date; that posting, submitting or uploading to or through the Swiftly Marketplace does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Swiftly and its affiliates for all third party claims resulting from User Content.

You agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post.

Linking policy

Unless otherwise set forth in a written agreement between you and Swiftly, you must adhere to Swiftly's linking policy as follows: (i) any link to the Swiftly Marketplace must be a text-only link clearly marked "https://swiftly.com.co" (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Swiftly's names and trademarks, (iii) the link must "point" to the URL https://swiftly.com.co and not to other pages within the Swiftly Marketplace, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Swiftly, (v) when selected by a user, the link must display the Swiftly Marketplace on a full-screen and not within a "frame" on the linking Web site, and (vi) Swiftly reserves the right to revoke its consent to the link at any time and in its sole discretion.

Document Retention.

Swiftly maintains a document classification and retention policy which includes records related to insurance Policies and programs, policy information and updates, inquiries on coverage, certificates of insurance, endorsements, waivers, claims and other insurance matters. Swiftly's retention periods are based on the minimums necessary under normal conditions. However, they do not override federal or state law, litigation requirements or good judgment. Records may need to be retained beyond the recommended retention periods due to audits, litigation, or changes in legal statute.

ADDITIONAL TERMS AND CONDITIONS

Changes to the Marketplace

Swiftly may make changes to the Marketplace, at any time, without notice. Swiftly reserves the right to change these terms of Use, as well as the products, services, prices, and programs mentioned on the Marketplace at any time, at its sole discretion, without notice. It is your responsibility to check these Terms of Use often enough to stay current of any changes.

Swiftly will endeavor to notify you of any material changes by posting notice of such changes on the Swiftly Marketplace.

Swiftly reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved. As long as you comply with these Terms of Use, Swiftly grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Marketplace.

The Swiftly Marketplace may provide links to Web sites and access to content, products and services from third parties, which are not under the control of Swiftly. You agree that Swiftly is not responsible for third-party content accessible through the Swiftly Marketplace, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. Swiftly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Swiftly of the Site. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. When you access a non-Swiftly Web site, you do so at your own risk. The Swiftly Marketplace may mention third-party products and services for informational purposes. Swiftly makes no recommendations or endorsements about third-party products and services.

Suspension / Termination of your Access

Swiftly reserves the right to suspend, cancel, or terminate your use of the Swiftly Marketplace and any Swiftly product or service if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm the Marketplace or cause damage to Swiftly's reputation. Swiftly may determine in our sole discretion the activities that could lead to such suspension or cancellation. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Swiftly Marketplace or any transaction being conducted on the Marketplace. 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 communications. We will provide you with notice of any such termination or change as required by law.

YOUR WARRANTIES AND DISCLAIMERS

We provide the Marketplace using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don't promise about our Services.

Use of the services, the content and any materials obtained through your use of the Swiftly Marketplace is at your own risk. Other than as expressly set out in these terms of service, neither Swiftly nor its agents or service providers (the “services entities”) make any specific promises about the Swiftly Marketplace. For example, we don't make any commitments about the content within the Swiftly Marketplace, the specific function of the site, or their reliability, availability, or ability to meet your needs. We provide the Swiftly Marketplace “as is”.

You warrant that you are at least 18 years of age and can enter binding contracts for insurance or other goods. Persons less than 18 years of age may not use the Swiftly Marketplace and must leave immediately. You further warrant that you are an authorized signatory of the credit or debit card or other method of payment that you provide to Swiftly or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Marketplace.

You further warrant that all information you provide about yourself or your organization is true and complete information. You agree to promptly notify Swiftly of any changes in the information provided about yourself or your organization or any other material changes that could impact your use of the Services. If you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of these Terms shall constitute acceptance on behalf of such entity or person and your representation that you have the authority to bind such entity or person to these Terms.

You agree that any document or electronic information delivered through the Swiftly Marketplace by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including, without limitation, electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waive any and all rights you may have to assert such a claim.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties.

DISCLAIMER

The Swiftly Marketplace is subject to change without notice. Swiftly makes no warranties or commitments concerning the availability of future products, features, or versions that may be planned or under development or any specifications described on the Swiftly Marketplace.

Except where expressly provided otherwise, the Swiftly Marketplace, and all content, materials, information, software, products and services provided on the site, are provided on an "as is" and "as available" basis. Swiftly expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

NO WARRANTY

Except where expressly provided otherwise, Swiftly makes no warranty that: (a) the Swiftly Marketplace or any content, materials, information, software, products, and services offered through the Swiftly Marketplace will meet your requirements; (b) the Swiftly Marketplace or any content, materials, information, software, products, and services offered through the site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Swiftly Marketplace or any software, products or services offered through the site will be accurate or reliable; or (d) the quality of any content, materials, information, software, products or services purchased or obtained by you through the Swiftly Marketplace will meet your expectations. Any content, materials, information, products or software downloaded or otherwise obtained through the use of the Swiftly Marketplace is used at your own discretion and risk. Swiftly shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information, products, or software or the upload by you of any content, materials, information, software, products or other materials to the Swiftly Marketplace.

Swiftly assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to the Swiftly Marketplace. Swiftly makes no warranties or commitments concerning the availability of future products or versions that may be planned or under development.

The Swiftly Marketplace could include technical or other inaccuracies. Changes are periodically made to the information herein. However, Swiftly makes no commitment to update materials on the Swiftly Marketplace.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SWIFTLY NOR ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS,OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) DELAYS OR BUSINESS INTERRUPTIONS, OR (3) ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SWIFTLY MARKETPLACE OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON THE SWIFTLY MARKETPLACE, WHETHER OR NOT SWIFTLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Under no circumstances will Swiftly be liable for any loss or damages including, without limitation, general, special, direct, indirect, incidental, consequential, exemplary, punitive or any other damages (such as loss of profits, loss of goodwill, loss of use, loss of data, business interruption, emotional distress or other intangible losses) of any kind whether in an action in contract or tort, even if Swiftly was advised of the possibility of such damages, losses or expenses, arising out of or relating in any way to:

  • • any party's use or inability to use the services, the content, or any third-party site to which the services or content link.
  • • any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
  • • the cost of getting substitute goods or services.
  • • any products, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the services;
  • • unauthorized access to or alteration of your transmissions or data.
  • • statements or conduct of anyone on the services.
  • • the use, inability to use, unauthorized use, performance or non-performance of any third-party site;
  • • any injury or damages, whether caused by the negligence of Swiftly, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the services.
  • • any failure or delay (including without limitation the use of or inability to use any component of the Swiftly Marketplace) to submit applications for insurance products or services.
  • • any actions associated with the submission or handling of a claim.
  • • any actions associated with the delay in issuing any certificate of insurance or the handling or tracking of certificates of insurance; or
  • • any other matter arising out of or relating in any way to the services, the content or user content. Swiftly is not liable for any defamatory, offensive, or illegal conduct of any user.


Your sole remedy for dissatisfaction with the services or the content is to discontinue using the services or accessing the content. In no event will Swiftly's total liability to you for all damages, losses or causes of action of any kind or nature whatsoever exceed the amount of commission, fee or other renumeration earned by Swiftly for providing services to you for the twelve months prior to the alleged act causing damages.

LIMITATION OF LIABILITY – WAIVER OF UNKNOWN CLAIMS.

By accessing the services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, which provides as follows:

“a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor,”

And, to the extent applicable, corresponding rights under any similar law of any state or other jurisdiction.

If any of the foregoing limitations are found to be invalid, Swiftly's total liability for all damages, losses, or causes of action of any kind or nature whatsoever shall be limited to the maximum extent permitted by applicable law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Swiftly, its officers, directors, employees and agents from and against all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Swiftly Marketplace. Further you agree to indemnify Swiftly against all fees and costs, incurred by Swiftly in connection with, arising out of or in any way related to: (i) your use of the Services or the Content; (ii) your violation or alleged violation of the Terms, including, without limitation, your violation or alleged violation of any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; (iv) your violation of any other state or federal law or regulation and (v) your use of Third-Party Services (defined below). Swiftly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

PAYMENT SERVICES

Our role

The Swiftly payments service is a secure web service that facilitates the payment function between you and Swiftly's third party payment processor, National Processing. You hereby appoint us as your agent to deliver information and instructions on your behalf to the processor.

You agree that Swiftly is permitted to contact and share information about you and your application (including whether you are approved or declined), with the Payment Processor and other third parties in order to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Marketplace. This includes sharing information: (i) about Transactions for regulatory or compliance purposes; (ii) for use in connection with the management and maintenance of the Payments Services; (iii) to create and update our and their customer records about you, and to assist us and them in better serving you; and, (iv) to conduct our and their risk management process.

SERVICE PROVIDERS

Electronic Signature / Payment Gateway / Payment Processing (Service Providers)

Swiftly's eSignatures provider is Eversign, which meets the most stringent security and authentication requirements defined in the U.S., Europe, and around the world. Eversign's terms of use can be found here. By accepting this Agreement, you are also accepting and agreeing to be bound by Eversign's Terms of Use, which is the legal agreement between you and Eversign.

Swiftly's PCI-DSS certified payment gateway provider is Authorize.net. Authorize.net is a wholly-owned subsidiary of Visa (NYSE: V). The payment gateway services are carried out by Authorize.net under a separate Agreement. Authorize.Net's Terms of Use can be found here. By accepting this Agreement, you are also accepting and agreeing to be bound by Authorize.Net's Terms of Use, which is the legal agreement between you and Authorize.Net.

Swiftly's payment processor is National Processing, LLC., a registered ISO of Chesapeake Bank, Kilmarnock, VA, and a registered ISO of Woodforest National Bank, Houston, TX. National Processing's Privacy policy can be found here. Swiftly and National Processing have entered into a Credit Card Processing Agreement (the “Agreement”) which sets forth, among other things, terms and conditions under which National Processing will provide to Swiftly, services that facilitate Swiftly's acceptance of credit and debit card payments for goods and services provided to Cardholders (the Transaction). An informational confirmation will be provided at the conclusion of the Transaction that includes all information required under Payment Network Rules and applicable laws.

The payment card organizations (like Visa, Mastercard, and American Express) charge interchange fees, pricing, and/or assessments for submitting transactions into their systems. A portion of the Technology Fee that you pay will go toward these interchange fees.

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.

Swiftly payment processor services support most Payment Network Cards, including credit, debit, pre-paid, or gift cards. You assume sole and exclusive responsibility for the use of the Payments Services. You also assume sole and exclusive responsibility for Transactions under the Processor Terms. You are solely responsible for verifying your identity and of the eligibility of a presented Card used to purchase Products and Services, and Swiftly does not guarantee or assume any liability for Transactions authorized and completed that may later be reversed or charged back. You are solely responsible for all reversed or charged back transactions regardless of the reason for, or timing of the reversal or chargeback. Swiftly or the Processor may add or remove one or more types of Payment Networks or Cards, in their sole discretion, at any time, without prior notice to you.

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.

Payment Support

Swiftly will use its commercially reasonable efforts to provide you with customer support to help resolve issues relating to the Payments Services. The Processor retains sole and exclusive responsibility for payment processing of Transactions, including the settlement of funds, but Swiftly will provide reasonable assistance in liaising between you and the Processor concerning the payment processing services.

Payment Network Rules

The Payment Networks have established guidelines, bylaws, rules, and regulations in the form of the Payment Network Rules. You are required to comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. Insofar as the terms of this Agreement and/or the Processor Terms are inconsistent with the Payment Network Rules, the Payment Network Rules shall prevail. We reserve the right to amend this Agreement at any time, with notice to you, as may be necessary to comply with the Payment Network Rules.

Cancellation & Refund

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

DISCLOSURES AND NOTICES

You agree that Swiftly can provide disclosures and notices, including tax forms, that we deem appropriate regarding the Payments Services to you by emailing them to the email address you provide. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to have been received by you within twenty-four (24) hours of the time it is emailed to you, unless we receive notice that the email was not delivered.

Automatic Reminders

We may use automated messaging systems, to provide messages to you about your Policy. The telephone messages may be played by a machine automatically when the telephone is answered whether answered by you or another party. These messages may also be recorded by your answering machine or voicemail. You give us permission to call or send a text message to any telephone number that you have given us and to play pre-recorded messages or send text messages with information about this Agreement or your account over the phone. You agree that we will not be liable to you for any such calls or electronic communications even if the information is communicated to an unintended recipient. You understand that when you receive such calls or electronic communications you may incur a charge from the company that provides you with telecommunications, wireless, and/or Internet services. You agree that we have no liability for such charges. You agree to immediately notify us if you change telephone numbers or are otherwise no longer the subscriber or customary user of a telephone number or email address you have previously provided to us.

NO LEGAL OR PROFESSIONAL ADVICE

Swiftly's Marketplace and the content does not constitute accounting, broking, consulting, investment, insurance, legal, tax or any other type of professional advice. The accuracy, completeness, adequacy or currency of the Marketplace or the content is not warranted or guaranteed. Your use of the content, the Marketplace or materials linked from the Marketplace is at your own risk.

Coverage is provided by various insurance companies and is subject to the terms and conditions contained within your specific policy. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy.

You must not rely on the information on the Swiftly Marketplace as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on the Services or Content provided on the Swiftly Marketplace.

APPLICABLE LAWS

Swiftly makes no representation that the information located on the Swiftly Marketplace is appropriate or available for use in all locations, and access to the Swiftly Marketplace from Countries, Territories, States, and Provinces where the content of the Swiftly Marketplace may be illegal, is prohibited. Those who choose to access the Swiftly Marketplace from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use are governed by the laws of the State of Wyoming.

DISPUTE RESOLUTION

For any dispute with Swiftly, you agree to first contact us at legal@Swiftly.com.co and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve the dispute after 60 days, we agree that any and all disputes, claims or controversies arising out of or relating to these Terms of Use shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

Claims shall be heard by a single arbitrator. The arbitration shall be governed by the laws of the State of Wyoming. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees. The award of the arbitrators shall be accompanied by a reasoned opinion.

NO CLASS ACTIONS

To the fullest extent permitted by applicable law, you agree that any and all disputes, claims, and causes of action you make against Swiftly arising out of, in connection with or in any way related to the services will be resolved individually, without resort to any form of class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Swiftly agrees otherwise, the arbitrator may not consolidate more than one claimant's claims.

You further agree that, by accepting the Swiftly Marketplace Terms of Use, you and Swiftly are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative action.

TRADEMARK INFORMATION

The following are either trademarks or registered trademarks of Swiftly LLC:

  • • Swiftly LLC
The following are either trademarks or registered trademarks of Swiftly LTD:

  • • Swiftly LTD
  • • Swiftly Holdings LTD.

Other product and company names referred to on the Marketplace may be the trademarks of their respective owners.

Use of the Marketplace does not grant any express nor implied rights to you under any patent, copyright, trademark or trade secret information. Accordingly, any unauthorized use of the Marketplace or of its content may violate copyright and trademark laws.

CUSTOMER SERVICE: INQUIRIES AND COMPLIANTS

Customer service

By accepting the terms of this Agreement, you are providing us with authorization to retrieve information about you by using third parties, including State departments of Insurance and other information providers. You acknowledge that such information retrieved may include your name, address history, license history, and other data about you. We may periodically update this information to determine whether you continue to meet the eligibility requirements for Swiftly or Processor Payment Services.

Inquiries & Complaints

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use, have any requests related to your Personal Information, or otherwise need to contact us, you may do so by selecting the “Contact Us” link on the Swiftly Marketplace. Following that link will provide you with current contact details.

For faster routing of your enquiry please direct them to:

Corporate contact

Email: info@swiftly.com.co

Telephone: (307) 303-0151

Mail: Swiftly LLC, 680 South Cache St., Suite 100-8640, Jackson, WY 83001, FEIN: 87-3136084

SUSPENSION AND TERMINATION OF USE

Swiftly may suspend the operation of the Marketplace at any time, for example for repair or maintenance work or in order to update or upgrade the contents or functionality of the Marketplace. Access to or the use of the Swiftly Marketplace or any Sites or pages linked to it will not necessarily be uninterrupted or error free during this time.

Swiftly may terminate, change, suspend or discontinue any aspect of the Marketplace or the Web Site's services at any time without notice if we believe you are in breach of any of Swiftly's terms of Use or applicable laws.

CHANGES TO TERMS OF USE

Swiftly reserves the right, at its sole discretion, to change, modify, amend, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Marketplace and/or the services made available on or through the Marketplace after any changes to the Terms of Use are posted will be considered acceptance by you of those changes.

If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the invalid provision, and the other provisions of the Terms of Use remain in full force and effect.