Terms of Use
August 2022
August 2022
August 2022
August 2022
August 2022
August 2022
By using this website and all others owned and maintained by Notch Insurance Services, LLC (hereinafter referred to as “Notch”), you agree to the following terms and conditions, please read them carefully. These terms and conditions may be revised at any time by our updating this notice and posting it on our website. If you continue to use this website, you are bound by these changes after we have posted the changes. Recommendations are made that you periodically visit this page to review the most recent Terms & Conditions.
If you decide to purchase insurance products or services from Notch the terms and conditions specified in your policy or agreement with Notch will apply. All references to "Notch" and its affiliates are listed below.
This website is owned and operated by Notch Insurance Company. Except as otherwise expressly permitted in writing by Notch, no materials from this website or any website owned, operated, licensed, or controlled by Notch may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may download material displayed on this website for your use only and provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, link, or use the content of this website for public or commercial purposes, including any text, images, audio, video, and any other content without Notch's written permission.
All trademarks, services marks, trade names, logos, icons, and domain names located on this website are the property of Notch and others. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon, and domain name displayed on this website without the written permission of Notch or third party that may own such marks or names displayed on this website. Your use of the trademarks, service marks, trade names, logos, icons, and domain names displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with permission by, Notch. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
These Terms constitute a separate agreement between You and Notch. It is hereby clarified and agreed that Notch provides solely a Product that is used, among other things, as a tool for real-time monitoring and, therefore, shall have no liability for any violation of the Terms by such fraudulent activities, including any dispute or claim between You and a malicious website, and in case of any cyber attack that may damage you, all claims You may have should be addressed to such malicious entity, and You shall have no claims and/or demands against Notch including, but not only, in case such fraudulent and/or malicious activity was not detected by our service.
Using our service is subject to payment of subscription fees. To use the service, the User must subscribe to the service by filling out a form and providing details as requested by Notch. It is clarified that Notch may change any requested details from the User at any time and under its sole discretion, and Notch reserves its right to decline a subscription request, for any reason, under its sole discretion and without providing a such reason.
It is possible to subscribe to several subscription plans at prices determined by Notch. Notch may change the prices and the trial period at any time, as well as any of the services at its sole discretion, and You will not have any claims against Notch in such cases.
Subscribing to the Service is subject to a monthly or yearly fee according to the User’s choice, which shall be charged in advance or monthly and at a fee decided by Notch from time to time. Notch reserves its right to increase or decrease such fee and/or change the available subscription plans at its sole discretion and without prior notice. The subscription fees shall be charged in advance at the beginning of each month until the User cancels his subscription. In case of a decrease in the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction, and the User shall not have any claims against Notch in such case.
Any subscription plan will be automatically renewed until canceled by the User. In case of a decrease in the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction, and the User shall not have any claims against Notch in such case.
The User may pay via credit card (through Stripe) or via PayPal or other external payment services. It is clarified that Notch may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent, and You will not have any claims against Notch in such case.
It is clarified that You should pay via external payment services such as Stripe or PayPal, a third party provides such service that Notch does not control. Therefore, Notch shall not be liable for any faults and/or errors, including any security issues resulting from such payment method as set forth above.
The User may cancel his subscription by contacting Notch. It is clarified that cancellation of a subscription plan will not cancel any due payments, and the User will not be entitled to any refund of any payments that were already paid.
It is further clarified that Notch reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the service, and the User shall not have any claims against Notch in such case.
Notch reserves its rights to shut down the Product or any part thereof for any reason at any time at its sole discretion. You will not have any claims against Notch in such case, and the User will not be entitled to any refund and/or payment deduction paid by them for the services.
The subscription is personal and non-transferable.
It is hereby clarified that You agree and You are aware that any use of the service and reliance on the information, warnings, and alerts displayed or not displayed by the service (the “**Warnings”** and or “**Alerts**”) is at Your own responsibility. Any Alerts which are displayed by the service are based on certain information and parameters and shall not be considered as any binding recommendation, and You will have no claim against Notch and/or anyone on Notch’s behalf in case of damage that may occur resulting from Your reliance of such information You were exposed to during Your use of the Service including any claim of loss of funds resulting from any reliance on the service and/or any use of the service.
Notch does not warrant that the service will display Warnings and/or accurate Warnings of phishing activities and does not warrant that the service will display warnings of all suspicious activities in a specific platform and/or website. You hereby warrant that You are aware of the risks of using and relying on the service. In case of any suspicious activity, You are advised to refrain from using any service and/or website and/or clicking on any links.
This website is hyperlinked to other websites which are not maintained or controlled by Notch. Notch is not responsible for the content of those websites. The inclusion of any hyperlinks to such websites does not imply approval of or endorsement by Notch of those websites, their content, or their products and services.
The information and descriptions contained on our website are not intended to be complete descriptions of all terms, exclusions and conditions applicable to every insurance product or service offered by Notch, but are provided 'as is' and for general informational purposes only.
Notch makes no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies, or typographical mistakes. Notch does not warrant that the website will operate error free or is free from viruses, worms, Trojan horses, or other destructive or harmful code.
Notch also assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, audio, or any other files from this website or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.
**NOTCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.**
To the maximum extent provided by law Notch shall not be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use this website or the materials or services provided on this website or the products or services received from this website.
Notch makes no representation that all insurance products and services on this website are appropriate or available for use in your state. Some insurance products and services may not be available in all states or jurisdictions.
If you choose to access this website you do so on your own initiative and are responsible for compliance with any local, state, and federal laws.
The information contained on this website is not an offer to sell or a solicitation to buy, any insurance product or service. No insurance product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase, or sale would be unlawful under the insurance or other laws of such jurisdiction.
Use of this site will be governed and construed in accordance with the laws of the Commonwealth / State of Delaware.
You acknowledge that any software available or provided to you on this website may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations.
You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations.
Notch does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States export controls laws and regulations.
Please review Notch Privacy Policy and Statement. The Privacy Policy and Statement explains what information Notch may collect from you on our website and how we will use and protect your information. We do not collect any personally identifiable information on our website unless you provide it to us.
These Terms and Conditions describe how the e-delivery option made available to you works. You have the right to obtain paper or electronic copies of your policy documents. By clicking the box for e-delivery, you agree that all policy and billing documents, including endorsements, notices, bills and other communications regarding this policy, other than documents required to be delivered by another method, will be delivered to you by electronic mail using the current, active e-mail associated with your account. Your consent to electronic delivery applies to documents that are currently available for electronic delivery and to documents that may become available for electronic delivery in the future. Insurance related documents include, but are not limited to:
This consent for electronic delivery is effective until you withdraw it (see below for method to withdraw consent). By choosing to obtain electronic copies of your policy documents, you agree to be bound by these Terms and Conditions.
You may contact us at any time to receive paper versions of your policy documents.
All communications in either electronic or paper format from us to you will be considered "in writing." You understand and agree that it is Your responsibility to access and review the Documents upon receipt of an email notice. All terms in the Documents are binding just as if they were delivered in paper form. You understand that they are delivered in a manner to allow You immediate access to download and print. You understand that You should download and print the Documents so that You may access or maintain them in Your personal records or in the event they are temporarily or otherwise unavailable online.
If you opt to receive paperless Policies, you agree to provide us with a current, active e-mail address. You agree to notify us if your email address, mailing address or other delivery information changes by contacting customer care at support@get-notch.com or calling +1-(256)-559-3538.
You may withdraw your consent to receive electronic documents and request paper documents by mail at any time by contacting us at +1-(256)-559-3538 or support@get-notch.com and make that request. There is no charge to receive paper documents. We will mail any documents to the address shown in the Declarations page of your policy.
You understand that to receive documents electronically, you need to have internet connectivity and a device capable of accessing portable document files (PDF), Adobe 5 or higher and one of the following;
Internet Explorer 10.0* or higher, Microsoft Edge, Firefox 27 or higher, Chrome 38 or higher, Safari 7 or higher. We will provide notice to you in the event of any changes regarding hardware or software requirements necessary to receive policy documents and other related documents electronically.
We respect your privacy and personal information. We work hard to keep it secure. You agree to our [Privacy Statement](https://www.munichre.com/hsb/en/general/legal/privacy-statement.html). You may access our complete [Privacy Policy](https://www.notion.so/a78686c482d84af198ef11f9eccf48ab?pvs=21) and you may contact us for a copy.
HSB reserves the right to amend these Terms and Conditions at any time. We will provide you with electronic notice when changes are made.
Any person who knowingly, and with intent to defraud or deceive any insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent act, which is a crime and may subject such person to criminal and civil penalties.
Any person who knowingly (or willfully in MD) presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully in MD) presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison, or any combination thereof.
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claiming with regard to a settlement or award payable for insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or an application containing any false, incomplete or misleading information is guilty of a felony of the third degree.
A “fraudulent insurance act” means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto.
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or denial of insurance benefits.
Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud as provided in RSA 638.20.
Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.
All applications for group or individual insurance issued by an insurer and all claim forms issued by an insurer, for use by persons in applying for insurance or submitting a claim for payment pursuant to a policy or a claim for any other benefit pursuant to a policy, shall clearly contain a warning substantially as follows: "Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud."
WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
Any person who makes an intentional misstatement that is material to the risk may be found guilty of insurance fraud by a court of law.
Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation with the penalty of a fine of not less than five thousand (5,000) dollars and not more than ten thousand (10,000) dollars, or a fixed term of imprisonment for three (3) years, or both penalties. If aggravating circumstances are present, the penalty thus established may be increased to a maximum of five (5) years; if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.
Inquires Contact
Inquiries should be directed to support@get-notch.com.