SageSure Co-Browse Terms of Use

Last Modified: February 2019

BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING THE CO-BROWSE SERVICE, YOU ARE AUTHORIZING SAGESURE INSURANCE MANAGERS LLC 1, (“SAGESURE “, “WE”, “US” OR “OUR”) TO VIEW AND ACCESS YOUR WEB SESSION USING THIRD-PARTY SOFTWARE AND SERVICES (COLLECTIVELY, THE “SERVICE”), AND YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE, EFFECTIVE ON THE DATE YOU AGREE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU SHOULD IMMEDIATELY CLOSE THIS WINDOW AND THE BROWSER WINDOW CONTAINING THESE TERMS OF USE. YOU SHOULD CAREFULLY REVIEW THESE TERMS OF USE PRIOR TO USING THE SERVICE.

YOU MAY END YOUR CURRENT USE OF THIS SERVISE AT ANY TIME BY CLICKING THE “DISCONNECT” BUTTON OR BY CLOSING YOUR BROWSER WINDOW.

About the Service

The Service enables SageSure and its customer service representatives (“CSRs”) to view and access your online session in the Agent Portal with you, to a limited extent, in order to provide live assistance and address inquiries. You agree and understand that the Service is provided by SageSure through the use of third-party software and services.

You further agree, and understand, that the Service provides CSRs with limited access to view your online session in the Agent Portal, subject to change in SageSure’s sole discretion.

You may end your current session of the Service at any time by clicking the “disconnect” button or by closing your browser window.

Authority and Capacity

You represent, warrant, and covenant that you have the power, authority, and/or capacity to act on behalf of your business and/or employer, and that your actions are, and will, be deemed to be authorized actions on behalf of your business and/or employer.

Additional Terms

In addition to these Terms of Use, by clicking “I agree,” you also agree to be bound by the Terms and Conditions located on SageSure’s website, which are located here.

In the event of a conflict among or between these Terms of Use, the SageSure Terms and Conditions and the SageSure Privacy Policy, the order of precedence for resolving such conflict shall be: first, these Terms of Use, then the SageSure Privacy Policy, then the SageSure Terms and Conditions.

Third Party Software, Hardware and Services

You (and not SageSure) are responsible for all your and any third-party software, hardware and services used in connection with the Service. Any third-party software, hardware or services (whether required or optional) that you use in conjunction with the Service, are the sole responsibility of you and/or such third party, and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not these Terms of Use.

Changes to the Service/Violation of Terms of Use

You agree that the form, nature, features and functionality of the Service may change from time to time, on both a continuous and intermittent basis, without prior notice to you. We may suspend or discontinue the Service at any time in our sole discretion. If we have reason to believe you have violated these Terms of Use or any applicable law or regulation, we may refuse you access, or suspend or terminate your access, to the Service or any of its resources without notice and/or take other remedial actions.

Unauthorized Access/Use and Fraud Investigations

We have the right to interrupt or restrict use or access to the Service, without notice to you, if we suspect fraudulent or abusive activity. You shall cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.

Alternative Dispute Resolution

Any dispute or claim relating in any way to your use of our website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to SageSure Insurance Managers General Counsel at the location listed in the “Contact Information” section below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

Changes to Terms of Use

SageSure reserves the right to revise these Terms of Use at any time. Upon modification, SageSure will update the date indicated after “Last Modified” at the beginning of these Terms of Use. You should carefully review these Terms of Use each time you use the Service.

If you do not agree with the current or modified terms, however, you must immediately cease using the Service. Your use of the Service after changes have been made to these Terms of Use constitutes your agreement to be bound by these Terms of Use as modified.

Contact Information

Pursuant to 17 U.S.C. 512(c), notice is hereby given that the person identified below is the Designated Agent for receiving complaints concerning this website, including for purposes of receiving notification of any claims of intellectual property infringement:

Name: General Counsel, SageSure Insurance Managers
Mailing Address: 101 Hudson Street, Suite 2700, Jersey City, NJ 07302
Telephone: (212) 207-3399